Legal Question in Wills and Trusts in India

Lawguru please solve my problem-
1- I am Deepak, son of Manoj. I submitted, to mutate property, a will signed by my father Manoj saying all property goes to my mom Sarita.
2- �Will� was made 3 months before death of my father. The same was produced to mutate the property after 6 months after death of my father.
3- It is said in the will that after mom Sarita�s death, property may be claimed by me and my sister Sunita.
4- I have done my signature on that will as a witness.
5- Another witness�s name is not mentioned there on the will, only signature and address is there.
6- Will is typewritten but not mentioned who is the typist of the will.
7- Not registered by my father Manoj.
8- Not registered by me after death of my father.
9- No letter of admistration, no succession certificate, no heirship certificate was produced along with the will.
10- I had submitted unattested photocopy of the will.
My sister Sunita has challenged the will on the basis of all above points that I can not be a witness of the will.
Sir please solve my problem that how can I defend �the will�.

Asked on 8/27/13, 10:52 am

2 Answers from Attorneys

Vivek Mapara Vivek N. Mapara

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1- I am Deepak, son of Manoj. I submitted, to mutate property, a will signed by my father Manoj saying all property goes to my mom Sarita.

2- �Will� was made 3 months before death of my father. The same was produced to mutate the property after 6 months after death of my father.

3- It is said in the will that after mom Sarita�s death, property may be claimed by me and my sister Sunita.

4- I have done my signature on that will as a witness.

OK. YOU CAN BE A WITNESS TO THE WILL. THERE IS NO PROHIBITION . IT IS LEGAL AND VALID

5- Another witness�s name is not mentioned there on the will, only signature and address is there.

YOU NEED TO FIND OUT. IT IS NECESSARY THAT TWO PERSON SIGN THE WILL

6- Will is typewritten but not mentioned who is the typist of the will.

DO NOT MATTER

7- Not registered by my father Manoj.

NOT REQUIRED IN LAW

8- Not registered by me after death of my father.

NOT REQUIRED IN LAW

9- No letter of admistration, no succession certificate, no heirship certificate was produced along with the will.

IT IS ADVISABLE TO GET PROBATE / LETTERS OF ADMINISTRATION of WILL. IF YOU ARE IN CULCUTTA, MUMBAI OR MADRAS THEN YOU NEED COMPULSORY PROBATE / LETTERS OF ADMINISTRATION OF WILL

10- I had submitted unattested photocopy of the will.

You can get ATTESTED TRUE COPY OF WILL. ORIGINAL WILL IS NEVER REQUIRED TO BE SUBMITTED. NOR YOU SHOULD SUBMIT EVEN IF DEMANDED, EXCEPT IN THE COURT PROCEEDINGS FOR PROBATE

My sister Sunita has challenged the will on the basis of all above points that I can not be a witness of the will.

ALL THE POINTS ARE BASELESS. AND SHAMEFUL. But the point pertaining to second witness is concerned is important. You need to know who signed it.

Sir please solve my problem that how can I defend �the will�.

YES YOU CAN SURELY DEFEND. BECAUSE EXCEPT THE MENTIONED POINT, TO WHICH ALSO THERE IS LAWFUL DEFENSE, ALL THE POINT RAISED BY YOUR SISTER ARE BASELESS, SHAM AND NOT SUPPORTED BY LAW.

Answered on 8/27/13, 11:04 pm

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