Legal Question in Wills and Trusts in India

Sir,
I have a query about a will propounded by my brother �Ashok�. He says that his father has left the said "Will". So he applied to transfer the property in the name of mother "Neer" only. He says that after death of mother we can apply to get the property.
The will states- �My wife �Neer� will be the owner of the property, but she can not sell, mortgage, donate and can not testate the said property. After the death of her the property can be get by my son �Ashok� and daughter �Anita�.
In the will
1-First witness has not mentioned his name, only signature is done.
2-Second witness is my brother �Ashok� 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 of witness was left untyped.
8-Will has not been registered.
9-After death of testator means here father, 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; a notary of is not attested even this photocopy.
My question is-
1-Can we call �Ashok� a beneficiary by the will?
2-Is this will accepted by the law?
3-Whether the property should be transferred in the name of "Neer" only.

Asked on 9/03/12, 7:58 pm

2 Answers from Attorneys

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

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you are posting the same question again and again. as there are so many points of disputes, you may challenge the will and prove that the same is not executed by your father. even as per law, the beneficiary of the will cannot become a witness to the will.

Answered on 9/03/12, 8:46 pm

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