Legal Question in Real Estate Law in India

My uncle (bachelor, physically handicapped) passed away 10 days back at the age of 55.yrs.. he stayed with his elder sister who is now around 80 yrs of age.. She forced him to sign a "will" which she had prepared in his name, which states that he is giving away all his property to his sister.
At the time of signing the "will", uncle was mentally unsound & had no idea where & why he was signing.. also the property is a joint property, shared by 3 other brothers.
My question-
1> is this will valid without the signatures of co-sharers as witness ?
2> if not valid, how will the property get distributed ?
3> how to make a will by a co-sharer over a joint property ?

Asked on 1/24/12, 10:23 am

www.lawconcern.com S.Seshadri www.lawconcern.com

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Answers:

1. Yes valid.

2. Does not arise.

3. Does not apply.

Consult a lawyer with the copy of registered will to get complete advice.www.lawconcern.com offices in chennai and bangalore

Answered on 1/31/12, 10:19 pm

Shrichand Nahar S.V.Nahar, Advocate

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Validity of a Will can be decided by Court.

If you have sufficient evidence, approach court for getting said Will declared invalid or void.

Answered on 6/07/12, 11:50 pm

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