Legal Question in Wills and Trusts in India

I am a uk citizen - my mother expired a month ago - she has left a will but it has been witnessed by only one witnessee. can this will be chanllanged ? i so how and when can it be chanllaged ?

in the will my sister and myself are the only lagatees. my mother has no other next of kin.

please advise

1 can it be challenged

2 when can it be challenged

3 can it be challenged in uk or does it have to be in india

many thnaks


Asked on 6/02/14, 12:55 am

2 Answers from Attorneys
Shailesh Kumar

Only through will the property can't be yours for which here in India has legal provision through which you have to pass then it can be yours.

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Answered on 6/02/14, 4:07 am
Fca Prashant Chavan Expert Edge LLP

02.06.2014

Dear Sir / Madam,

A Will to be valid has to be signed in the presence of two witnesses. The Will left behind by your mother since signed by only one witness is invalid. You can obtain a Succession Certificate from the Court for transfer of your mother's estate in your name and your sister's name as the sole surviving legal heirs of your deceased mother..

Regards,

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Answered on 6/02/14, 6:49 am


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