Legal Question in Civil Litigation in India

In India, our grandfather wrote a handwritten will in 1970 and got it signed by 2 witnesses,( all the above have died), making his 2 sons the owners of the house the whole family is staying in and excluded the two daughters who were married.

He passed away long time back and so did my parents, my uncle is saying that i own only 1/4 of the property as my aunts are giving him their share.

I think i own 1/2 the share.

Is this hand written will legal. What can be done in the Indian Justice system.


Asked on 10/20/11, 7:25 am

2 Answers from Attorneys
Jayesh Desai Jayesh Desai

Handwritten will is legally valid. Depending upon where you stay you need to obtain probate of the Will (i.e. you have to prove the Will), from appropriate court.

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Answered on 10/21/11, 12:51 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

This 'will' be valid, but for the burden of proving the will shall lies to them, or any testamentary successioneries should substantiate through the probate and this should be applied thro' the District Court where the property has been situate, or from your any of your proper place of residence, or at the High Court which shall be the concurrent jurisdicition to get the probate

for the will accord to the "Indian Succession Act 1925".

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Answered on 10/21/11, 8:23 am


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