Legal Question in Wills and Trusts in India
Questions related to Will in India?
When a Head of a family having wife, married son and married daughter writes a Will, registered or unregistered;
1.Where it has to be kept in safe custody?
2. How family members know that will is written?
3. How the Will be made public on his deathl?
4. Whether Will has to be made public on his death or can wait till death of wife?
5. Whether Will can be contested if foul play is suspected?
6. How soon Will has to be executed? Is there a validity period for the Will to be in force?
7. Who should sign as witness to know that Will has not been signed under duress or person was in proper mental health?
8. What are grounds for disqualification of Will?
4 Answers from Attorneys
Re: Questions related to Will in India?
The will can be kept either kept in custody of some person known to the person executing a will or can be kept in Bank locker. Genrally the person making the will informs either his spouse or any other close person regarding the same. The will an be read out in presence of all the family members. The will has to be made public on the death of the person making the will unless it is a joint will of husband and wife then it can be made public after the death of both of them.
If there is a doubt that either teh will is bogus or that teh person making the same was not mentally sound of making the will the same can be challenged. There is no question of validity of a will as it is wish of the person making the will which has to executed through the will. The will has to be signed by two adults. They have to attest that the will was signed in their presence
Re: Questions related to Will in India?
1. Any safe place.2.Executor or attesting witnesses can tel.3.By reading the same in the presence of all family members or by getting the same published.4. There is no reason to wait and it will not feect the will in any manner.5.Yes by challenging the same in court.6.Any time after executer's death.No time is precribed in law.7.Any person who is major and is of sound mind.8.It depends on various facts and differ from case to case.The grounds can not be anticipated nor same can be based on hypothecated grounds.
Re: Questions related to Will in India?
long question and needs a very long reply. can not be replied here. contact lawyer.
make search of record in office where the documents of property are kept related to your area to find that any will has been made or not.
Re: Questions related to Will in India?
A Will can be written if he major of 18 years.
He has to sign before two subscribing witness.
It can be registered or unregistered, but it is always good to register as it is done in public office.
will can be challenged in court if it is coerced
the notification of execution of will, will most probably be done by one of the witnesses or the lawyer who has drafted or by any known friend of deceased.
Will can be written anytime and revoked if the author is still alive. will can be challenged if it is a foul play.
B.Balasubramanya.
Advocate.
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