ancestral property will not registered/witnessed

Magesh Vadivel (Querist) 29 March 2014 This query is : Resolved
Hi,

My grand father before died two days,he has written will in his own handwriting in normal paper and kept it in safer place.which is not registered and not signed by witness.

Note:
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1.Please let me whether it can treated as will and he did'nt written any other will before.

Let me know on questions.

Thanks & Regards,
MV

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Devajyoti Barman (Expert) 29 March 2014
If not signed by attesting witness , it has no value.
However one can manipulate it by putting signature of 2 attesting witnesses later on.

prabhakar singh (Expert) 29 March 2014
Legally speaking it is not a will for want of attestation by two witnesses in presence of testator.
I am not here to engineer mechanisms that can make it legal and enforceable.

Guest (Expert) 29 March 2014
It could be treated as his last wish and not a will.Any manipulation could be easily identified thro forensic test and would invite you to count the bars

O. Mahalakshmi (Expert) 29 March 2014
Will is compulsory attestable document, where registration is optionable.

prabhakar singh (Expert) 29 March 2014
The only answer is that such a document can never be treated a WILL.

Rajendra K Goyal (Expert) 29 March 2014
Is not a will technically.

ajay sethi (Expert) 29 March 2014
it is not a will . deceased has to sign in presence of witness es . both attesting witness has to sign as attesting witnesses .

Sudhir Kumar, Advocate Online

(Expert) 29 March 2014
registration i snot mandatory but attestation by witnesses is mandatory.

T. Kalaiselvan, Advocate (Expert) 29 March 2014
As someone opined above, it can be treated as his last desire/wish but never can be construed as a Will in the eyes of law, but on the basis of the said paper and its contents, you and other family members can sit and decide together the next course of action as per your grandfather's desire.

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