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R.K. Misro (Advocate)     02 November 2011

Doubt about will

I am having a doubt about WILL. A person who executing the WILL in the presence of his childrens. The WILL was executed in favour of one of his son who was not settled in his life but other childrens are settled in their life therefore in the presence of other childrens the father was executed a WILL which was self acquired property in favour of his one of his son, and other childrens are witnessed the WILL and also given consent for the above said WILL. 

    If the above said WILL is executed, it is valid or not. If valid give the reasons and relevant sections of law and also the recent Judgments if any. If the above said WIll is not valid give the reason and Section of Law and Judgments if any to that effect. Please advise me.



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 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     02 November 2011

The specific issue is not raised. If at all, it is the children who can object. Has any one of the other children objected!. Setting out the issues and dispute if any would help providing clear cut view point with relevant judgements. vasudevan

sridhar pasumarthy (ADVOCATE)     02 November 2011

Dear Misro,

Your query is not clear.

It appears that your doubt is whether partipation of other sons/non-beneficiaries in the preperation of will would vitiate the same.  It's not correct.  If the beneficiary under a will takes active part, then a suspicion will arose about the genuineness of will.  It is not as such in your case.  So, the said will is valid.

adv. rajeev ( rajoo ) (practicing advocate)     02 November 2011

Do you have any interest in the will?  If you are doubt regarding the execution of wil then challenge it.  To prove the will evidence of scribe is necessary.

kumar t v s (advocate)     03 November 2011

 

the father was executed a WILL which was self acquired property in favour of his one of his son, and other childrens are witnessed the WILL and also given consent for the above said WILL. 

    If the above said WILL is executed, it is valid or not.

 

 

Self acquired property can be given by will even to an outsider. It requires two witnesses who can confirm the execution of will when ever called for. The beneficiary and witness need not be sons, but if the sons are involved and they confirm the will it will be final.

 

If there is a dispute the beneficiry should be able to prove the will.

SURESH GODBOLE (ADVOCATE)     12 November 2011

In ancestral property the Father cannot divide the Property as he willed

His own propert , earned and obtained by himself , the p[oint has been cleared above

I.S.Roy,Advocate (Advocate)     17 November 2011

Dear Sir,

Executed a WILL which was self acquired property in favour of his one of his son, and other childrens are witnessed  Then such WILL is valid because. the benificiry is not as witness. Attestors are necessary to prove the will but not scribe

With regards

I.S.Roy, Advocate

isroyjury@yahoo.co.in 


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