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Abhishek (Service Engineer)     06 July 2013

Can a will be made after death

My Father died in April - In our Family  My Mother , my elder brother , Myself & sister All are married 

Father had signed A BLANK  stamp paper in Feb 2013.... can this be used to write a will after death .can we use that stamp paper that he wanted to transfer all his investments / stocks in my mothers name  etc : 

Oral Partition was done in 2006 , Where we have a shop which went to my Brother as he got seprated &My sister got married in 2008 , we gave her cash & gold , & i am staying with Parents from 2006 in a flat .... I got married in 2010...............   Father had some investments in shares -  Brother & Sister , both are not interested to claim any future shares in property / cash / stocks etc : 

 

Flat is in my mothers name / All shares / Investmnets will be transfd to Nominee thats my mother , LIC's - Insurance money is in my mothers name now - Death claim has been received in mothers name , For future proof can we use that stamp paper that he wanted to transfer all his investments / stocks in my mothers name  etc : 

In Future my mother will transfer flat to my wifes name ? is this possible through gift deed ? 

& what is probate of will ? 



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     06 July 2013

Using a blank signed stamp paper after the death of a person to make his 'Will' is an illegal and criminal act.

All the legal heirs can distribute the property legally, why to indulge in any crime which may prove 'costly' in the future...?

Adv k . mahesh (advocate)     06 July 2013

for will only a white paper is required and in your case you are making a fraud on signed stamp paper 

take a succession certificate from court on you mothers name and then gift the flat to any one even she can gift the flat on my name no problem it is legal and this procedure is very safe and easy 

so probate of will is after the death of executor the will written by him before death and you have to take permission from court that this will is valid

Formal proof before the proper officer or court that the will offered is the last will of the testator and confirming the Executor(s).


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