Legal Question in Wills and Trusts in India

We are two brothers and three sisters all are married and settled, my father and mother were with me from the beginning. my father died during 2001 and my mother died on 28.12.2011. My brother (elder) was as not look after our parents at any instant and not invested single penny for the wellbeing of our parents, all the medical and funeral expenses were borne by me no body shared. My mother (illiterate) had a self-acquired house building, previously there is a will in which it was written that, the entire house property would be shared equally to me and my brother and the same was registered during 1993. While my mother was in last stage (15 days before my mothers death i.e. on 12.12.2011) was written another will stating that the entire house property may be transfered on my name without giving share to my brother and put her thumb impression on Rs.20/- bond/stamp papers (5 Nos) there is no witness signatures in the recent will and was not registered so far. One of my sisters is willing to sign on the recent will as witness.

Is the recent will is legally valid or not,

As per recent will can I sell the property without signature of my brother.

If I sold the property is there any legal problem with my brother.

mnnnnnnnIs he eligible for half of the share or not

please give me your valuable advice at the earliest through e-mail my ID [email protected]


Asked on 5/26/13, 7:56 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

27.05.2013

Dear Sir,

Since the latest Will has not been signed in the presence of two witnesses, it is invalid.

The previous Will wherein both you and your brother are named as the beneficiaries will prevail.

You will need to obtain a Probate from the Court on the registered Will to get the title of the property transferred in your names prior to you being eligible to sell it.

Your brother is legally eligible to get half his share in the property.

Regards,

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Answered on 5/27/13, 4:54 am


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