will

Querist : Anonymous (Querist) 07 August 2010 This query is : Resolved
A (a husband)has a joint( self acquired )property with his wife B. The property is a Society Flat purchase thru GPA in Delhi. The share between both of them is not specified that means both 'A' and 'B' are equal partner. 'A' wishes to make a will of his share in the said property in favour of one of his sons 'C'.
Now the question arises.
1. Can 'C' being a legatee be the Executor of the Will.
2. Can 'C' himself become a witness in the Will.
3. Can'D'(wife of 'C') be one of the witnesses in the Will.
4. Is there any time limit for filling application for grant of probate after the death of the Testator.

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A V Vishal (Expert) 07 August 2010
1. Can 'C' being a legatee be the Executor of the Will.

Reply: The executor of the will can also be named as a beneficiary and vice versa.

2. Can 'C' himself become a witness in the Will.

Reply: The will must be signed in the presence of at least two witnesses who must also sign the will at the same time. Their full names and addresses should be given. (Note: Witnesses need not know the contents of the will). The executor or beneficiary cannot attest the will as a witness.

3. Can'D'(wife of 'C') be one of the witnesses in the Will.

Reply: Yes.

4. Is there any time limit for filling application for grant of probate after the death of the Testator.

Reply: No.

S. Bharath (Expert) 07 August 2010
I concur with Vishal.

s.subramanian (Expert) 07 August 2010
i also agree with vishal.

Raj Kumar Makkad (Expert) 07 August 2010
I also agree with vishal.

G. ARAVINTHAN (Expert) 08 August 2010
c can be a executor
c cannot be a witness in respect of will in his favour
D can be a witness as she is not a party to the will
For filing probate, the time only starts from date of death of A. but no limitation

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