Legal Question in Wills and Trusts in India
Will and witness
A and B are co-owners of the property. In A�s REGISTERED WILL, A has mentioned that the property is his own and can be shared by his two sons after his demise. In the WILL executed by A, B and his elder son (who was practicing advocate) are the witnesses to the Registered WILL. In this case, can B�s legal heirs has claim over the property. I understand that, if the witnesses has interest over the property in question claimed by someone in which they are witness, it stands accepted by the witnesses. Please advice.
1 Answer from Attorneys
Re: Will and witness
How can a Will be made of joint property.The Will can only be made by A with respect to A's share in the joint property.Moreover it is surprising that B being the Co-owner and his son being an advocate had remained witnesses to the will.