Will
GM FIN
(Querist) 05 September 2012
This query is : Resolved
I have a WILL hand written by my father and the same was given to me by my mother which duly attested by the two witness in 2002. Now my sister want to challenge the will stating that it is not a legal will, as she has the notarised copy of the will no witness sign.
my query are as follow:
1) Can this will can be challenged after ten year, as she was aware of the will in 2002
2) can a notarised copy can be taken as a proof, though i have original hand written will duly witnessed with me.
ajay sethi
(Expert) 05 September 2012
make an application for probate . the orgoinal hand written will has value . since it is attested by 2 witnesses . contact a local lawyer . you will need affidavit of attesting witness too for proving the will
Raj Kumar Makkad
(Expert) 05 September 2012
It depends upon the documents. If your sister is having a notarized will duly signed by your father before notary and his signature are also present in the relevant register of notary public to this effect mentioning about the cancellation of earlier will in your possession then the subsequent will can also not be ruled out to be genuine but nothing concrete can be commented by either of the experts without going through both the wills. Let your sister enter in the court.
