Legal Question in Wills and Trusts in India

if an holographic will of three pages, where every page is not attested by testator, who by religion is hindu ,but is attested only on last page of will, duly attested by witnesses, is valid or not in india ? and if it is handwritten by the beneficiary, how is it legally valid or invalid in court of law in india,

my uncle died without making an will,but my cousin made an so called unattested will in his own handwriting, making him practice on signature on cheque but fraudently used it on so called will, after getting attesting from his two related witnesses. But he could not get it signed by my uncle on first two pages, neither it is attested on same two pages by witnesses. is it valid will or can be called forgery ? wheather this law is applied in new delhi or not ?


Asked on 7/17/11, 8:12 am

1 Answer from Attorneys
ANURAG TIWARI

It is an absolute case of fraud and cheating. Foe a Will to be avalid document the following criterion must be satisfied:

1. It should be made by a person of sound mind attained the age of of more than 18 yeras.

2. The consent of the testetatorshall be free and without any coercion.

3. each page must be signed by the teatator and independent wirnesses.

4.It should be registered before the competent authority. As of now, court require a Will to be registered in view of the serious fraud noticed more often.

5. benefeciary must get the Will executed after the death of the testator.

The law of Will is cental legislation, so it is applicable in Delhi even.

If you hany further querry, you may write or call to me.

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Answered on 7/18/11, 12:03 am


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