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.


Asked on 9/03/12, 7:59 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the beneficiary of the will cannot be the witness. looking at the other facts as well, you may challenge the will.

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Answered on 9/03/12, 10:00 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 9/04/12, 4:32 am


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