Legal Question in Wills and Trusts in India
Sir,
I have a query about a will propounded by my brother. He say that his father has left the said "Will".
In the will
1-First witness has not mentioned his name, only signature is done.
2-Second witness is my brother himself.
3-Person who typed the will is not mentioned on the will.
4-Executor is not appointed.
5-It is written on a plain paper.
6-Though the will was typed, but the date of will was left untyped.
7-Even the name and address was left untyped.
8-Will has not been registered.
9-After death it was not registered by my brother.
10-No probate or letter of administration or succession certificate or heir-ship certificate is attached with the will.
11-The photocopy of the will is produced to claim the property, even this photocopy is not been attested by a notary of by any competitive authority.
My question is-
Is this will accepted by the law, if not then what should I do to challenge the will in the court.
2 Answers from Attorneys
the beneficiary of the will cannot be the witness. looking at the other facts as well, you may challenge the will.
i agree with Adv Gupta
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