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Rachna kapoor (Law Student)     19 August 2009

Being witness in WILL makes daughter deprive of right

If daughters sign as witness to the will made by father ,does that make them unauthorised to claim in property.Father got property through claim after partition. He doesnot want to give share to daughters and willed the whole property to his son and forced and emotionally blackmailed and made daughters sign as witness in registered will. with all the legal formalities at registration office with photographs etc.

Father is alive. Can daughters take back their witness?

Do daughters still have right to property.

Does signing in as witness makes them surrendering their right to property.

How can they claim their right to property.

 Both father and brother have broken all relations with daughters after getting their signature after the death of mother.

What is the procedure . Please guide.



Learning

 5 Replies

R.R. KRISHNAA (Legal Manager)     19 August 2009

As per the facts stated by you, the daughters have no right.  If they file any case or challenge the will, they will be in the loser's end.  Better they can compromise any problems with the father and brother and receive some amount.

A V Vishal (Advocate)     19 August 2009

A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.

Under Parsi and Christian law, a witness cannot be an executor or legatee. However, according to Hindu Law, a witness can be a legatee. A Muslim is not required to have his Will attested if it is in writing.

Since, the father has got the property out of partition of ansectral property he has no right whatsoever, to will the same to the son, as per the Hindu Succession amendment act, the daughters have equal share in the property. You have every claim over the property.

Kiran Kumar (Lawyer)     19 August 2009

i agree with Vishal Ji,

 

since father is still alive and the will is to probate only after his death, better u challenge the will and seek injunction on the ground that you were forced to sign blank papers which were later converted into will.

 

 

adv. rajeev ( rajoo ) (practicing advocate)     22 September 2009

I agree with Vishal and kiran.

Anil Agrawal (Retired)     10 December 2009

 Can the daughter lodge a complaint with the police that her signature has been obtained by coercion?  Will such a complaint stand her in good stead when the Will comes for probate?


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