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guards12123 (Student)     20 December 2010

IS a Will Valid, When not registered and not witnessed?

Hello Sir, I Am Sagar. I HAve One Question About Will.

my grand-father's property is in Ahmedabad, Gujarat State OF India.

MY Grand-Father Made A Will in the Year jan 2005, And HE died in feb 2005. The will Is not registerd, As well as it is not having any witness.When He Died, I was Not of 18 years(my D.O.B.=12/10/1989).
But now at present i am 21 years old.

In Will, He has told to distribute his property(Bungalow) equally among three partners: One ME Itself, And the Other Two are my Aunts(Fias:Father's Sisters.)

Also, it is clearly mentioned in the will that until his wife(My grand-mother) is living, his property cannot be sold.

It is clearly mentioned about her(My Grandmother ) that she will live in that property until her death. Then And Then Only, I And MY Two Fias Can Sell the property.Also, It is Clearly mentioned that the property can be sold only and only if all the three partners are combiningly agreed with the selling of property.

 

Meanwhile, Due to the Severe satge of cancer, MY father Died On 25/07/2009.

At present I, my mother(widow: 49 years old), my younger sister(14 years) are residing at the above mentioned propety with my grandmother.

 

my grand-father had three wives.The one residing with us is the third and last wife of my grandfather and is the step mother of my father, and also of the two Fias. the Second Wife was the mother of my two fias, but she died on 22/02/1973. Also She Was the step mother of my father. The First and the Legal wife of my Grandfather is still living with his one son and one daughter, apart from us.She is the real mother of my father. And both her children are my fathers real brother and sister. They are not living with my father since 1964.

MY grandfather has clearly mentioned in his will, that his son and daughter of his first and legal wife cannot claim his property. and he does not consider them as his children. Also, my grandfather has clearly mentioned that the descendants of the son and daughter of his first and legal wife, cannot claim his property.

MY grandfather has not given divorce to his  first wife. and thats why she had filed a case on my grandfather in 1964 for "the cost of livelihood"(khadha-khoraki).the judgement of this case arrived in the year april/may 1996.

the judgement contained the contract that my grandfather has to pay 500 rs. per month up to his death. and he did so. also he paid approx. rs. 65,000 from the year 1964-1996 to his legal wife, according to the order from court.

in that judgement my grandfather had said that he is having only onle wife(legal one), and three children(of the legal wife)..and the lady living with him is a servant.

Under these Circumstances:: MY questions are:-

  1. Is the Will Made By my Grand-father which is not registered and which is not having any witness Valid?

2.     We do not have any house(immovable property), where we can live, other than this. and my two aunts have her own houses. and both of them are living in their own houses. But they are torturing us to sell this Property, inspite that my grand-mother is living at present. i am a student at present and my mother is only an earning member of my family.my grand-mother who is living with us at present ios very soft-spoken and cant oppose to my fias. is it possible for my Fias To sell this property without my agreement, even if my grandmother gets convinced?

3.     Is my Mother(Widow at present), A heir of this property According to the Succession Laws?
 

4.     Can MY uncle and Aunt(Son and Daughter of the Legal wife of my Grandfather) claimThis Property?

5.     According to the Will of my Grandfather, if I dont agree with my Fias to sell this Property Till my Grandmother is alive, can they lock one-one Room Each in this Bungalow(property), in which we are living at present?? It's Because They are torturing us to sell the property urgently, else they frighten us that they can give one-one room each on rent, or even they can lock the rooms., inspite of my grandmother and my family living in that bungalow. Also, i HAve never denied them(my Fias) for their living in this bungalow.But they want to sell this property urgently, and hence are harassing us mentally. What would be the Solution in this Case.

6.     Inspite of my grandmother(Pensioner of my Grandfather) living with us, My Younger fia had kept the atm card, cheque book and pass-book of my grandmother of her pension account. and also she is not giving her pension fully and time-to-time. my grandmother is a soft-spoken lady and is not able to confront her. What to do in such a case legally?

7.     Can MY original Grandmother(First And legal wife of my grandfather)  still Claim The Pension as a pensioner of my grandfather,As a legal widow?

I request you all to reply me with the possible solutions. My Email I.D. is :-  tangyss1217@gmail.com

Thanking you.



Learning

 10 Replies


(Guest)

 UNREGISTERED WILL IS ALSO VALID.  bUT WITHOUT WITNESSES NO DOCUMENT IS VALID. CANNOT BE  ADMISSIBLE IN THE EYE OF LAW.

adv. rajeev ( rajoo ) (practicing advocate)     20 December 2010

Even regd., will can be challenged.  To prove the will one of the attesting wittnesses is must.  In your case no wittnesses so it is difficult to prove it.

raj kumar ji (LAW STUDENT )     20 December 2010

will is unvalid no one prove it .

Joydeep Nath (Attorney)     20 December 2010

Looks like there is no dispute on validity of will between you and your fais..but it sure can be challanged and dragged in a court of law. But unregistered wills are nevertheless valid. Also, as per law, validity of agreements dont depend upon their witnesses. Also, right to use or live in the property cannot grant your fais right to give rooms on rent without your consent. You can always get an injuction against it on ground of your inconveninece in daily life. Please consult a good local counsel to tackle your aunts. Make sure the lawyer is experienced in property and family dispute matters and can deal with your aunts' cheap tricks firmly.

And ya, after the divorce and the court settlement over maintenance, your 'original' grand ma has no right over the pension unless there is something in the divorce decree about the pension. However, her childern may still have a right over it as they are the children of the only "legal" wife. But since ypour grandma is already receiving the pension ( I presume on the basis of official records and nomination), that should not bother you too much. And as for the ATM and pass book, just go to the bank report them lost and get a new atm and pass book .Simple. Take your grandma with you.

Sarwesh Chauhan (lawyer)     21 December 2010

Valid will need not be registered ,it can be on simple piece of paper and unregistered .However the document should be executed in presence of two witness who should endorse the same on the document .As in case in hand there is no witness will can not be proved . 

J A Narayanan (Retired)     03 December 2011

If the Will is entirely handwriiten and signed but not witnessed, is it valid?

The will is made out favouring their mother and the children agree with their father and do so in writing. The will is wholly handwritten and signed by their father but not witnessed. The handwriting and signature of the father can be  checked and certified by the truth labs. Does it make the will valid?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

If challanged, the absence of witness would render such will illegal.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

surya (engineer)     29 June 2012

Dear Sirs,

I require a Leagal Opinion for the below mentioned query on Propery,

I have purchased a Apartment recently and i have applied the loan for the same. the loan got sanctioned the Bank lawyer opinion rgarding the property was ok. But when i check the same parent doc with my personal lawyer he said that there is a risk in purchasing the property which i have mentioned below.

Actually the Property belongs to a muslim Lady and she has 4 sons and 2 daughters. 4 Months before her death she worte an will stating that  the property(Land where i have purchased the Apartment) will be shared by the 4 Sons and her 2 daughters will be sharing the property in different location and have no share in this property land which i have purchased.This will is not registered. But there was an affidavit given by all 4 Sons and 2 Daughters with the notary seal. After this the patta has been received in the name of these 4 sons.later these 4 sons have sold this propery to the builder and now the patta in the name of builder from whom i have purchased.

My doubt is that

1.since the Will is not registered is it possible for the 2 daughters to come and claim for the share in this property in future.

2. is the Muslim will need to be registered?

3.Can i purchase this property?

surya (engineer)     29 June 2012

Dear Sirs,

I require a Leagal Opinion for the below mentioned query on Propery,

I have purchased a Apartment recently and i have applied the loan for the same. the loan got sanctioned the Bank lawyer opinion rgarding the property was ok. But when i check the same parent doc with my personal lawyer he said that there is a risk in purchasing the property which i have mentioned below. Actually the Property belongs to a muslim Lady and she has 4 sons and 2 daughters. 4 Months before her death she worte an will stating that the property(Land where i have purchased the Apartment) will be shared by the 4 Sons and her 2 daughters will be sharing the property in different location and have no share in this property land which i have purchased.This will is not registered. But there was an affidavit given by all 4 Sons and 2 Daughters with the notary seal. After this the patta has been received in the name of these 4 sons.later these 4 sons have sold this propery to the builder and now the patta in the name of builder from whom i have purchased. My doubt is that 1.since the Will is not registered is it possible for the 2 daughters to come and claim for the share in this property in future. 2. is the Muslim will need to be registered? 3.Can i purchase this property?

simran singh (student)     05 August 2013

a registered will and an unregistered will both ahve the same value. the main ingreidients of will are that it should have the signing of thestator in presence of 2 witnesess.. in this acse... there are no witnesess hence it is not valid. if it had witnesess then the thing which should have been challenged was the proper execution of the will.


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