Validity of will.
kalyani choudhury
(Querist) 06 January 2016
This query is : Resolved
My father-in-law has left two carbon copies of his unregistered will with his two sons . The will is in his original hand writing.The original hand written will is with a freind of his who lives in the US now .The carbon copies of the Will with the 2 brothers however, has signatures of the two witness signed in ink i.e bear the original signatures in ink .
Is this Will valid in court. Please help.
SURESH BV, Advocate
(Expert) 06 January 2016
Subject to production of Original Will and also proof, the Will is valid provided the Witnesses who have signed on the Carbon copies of Will are the attestors/Witnesses to the Original Will also.
Rajendra K Goyal
(Expert) 07 January 2016
If the signatures of testator and witness are original, the will is acceptable. However to be safe, if your father is no more, ask the family friend to return the will.
kalyani choudhury
(Querist) 07 January 2016
Yes father in law is no more and the friend cannot be contacted.
H.M.Patnaik
(Expert) 07 January 2016
I agree with Mr. Goyal . But , now a days, you can contact the U.S. embassy for collection of the present contact of the NRI you are looking for.
Sudhir Kumar, Advocate 
(Expert) 08 January 2016
please come clearly what do you wnat and how the question of validity of will has come.
kalyani choudhury
(Querist) 10 January 2016
Both brothers have been given 40% share each and the only sister has been given 20% share . Both the brothers wish to sell off the property to a buyer but the sister refuses to sign on the sale deed saying she wants the whole property for her sons. She turns off all the potential buyers and is trying to force the brothers to gift her their share of the property which the brothers are not willing to do. The sister is well off with her own bungalow and plots of land . She is very greedy and her bungalalow is just adjacent to the fathers property. She is neither paying for their share of property nor allowing the brothers to sell the property. Now since the brothers stay in other cities they are worried as to how to get their share of fathers property with the sister blocking all options.
The original will is difficult to get hold of .
kindly advice what is to be done & how to sell the property since both the brothers need the money .
kalyani choudhury
(Querist) 10 January 2016
Both brothers have been given 40% share each and the only sister has been given 20% share . Both the brothers wish to sell off the property to a buyer but the sister refuses to sign on the sale deed saying she wants the whole property for her sons. She turns off all the potential buyers and is trying to force the brothers to gift her their share of the property which the brothers are not willing to do. The sister is well off with her own bungalow and plots of land . She is very greedy and her bungalow is just adjacent to the fathers property. She is neither paying for their share of property nor allowing the brothers to sell the property. Now since the brothers stay in other cities they are worried as to how to get their share of fathers property with the sister blocking all options.
The original will is difficult to get hold of .
kindly advice what is to be done & how to sell the property since both the brothers need the money .
K.S.Srinivas
(Expert) 10 January 2016
In the absence of availability of original copy of the WILL, the court may not take the cognizance of the carbon copies.
kalyani choudhury
(Querist) 11 January 2016
In case the brothers go in for equal share to be given to the sisterjust so she signs on the sale deed.
What argument is to be given so that she agrees either to pay or to allows her brothers to sell their shares to an outside party.They do not want to gift their share to her at all. NOC has already been issued by the municipality allowing sale of the property.
The sale is stuck since she refuses to sign. Are her sons entitled to their grandfathers property while their mother is still alive.
Since the Carbon copy of the will availabe will may not be valid in court. What othet options do the two brothers have. The property is stuck because of the sistet since 2009.A partition suit may take years.
please advise.
kalyani choudhury
(Querist) 11 January 2016
Thank you Mr.Srinivas,I would like to know what other options are availabe so that sister agrees to signing .
kalyani choudhury
(Querist) 11 January 2016
Thank you Mr.Srinivas,I would like to know what other options are availabe so that sister agrees to signing .
Anirudh
(Expert) 11 January 2016
It is strange that you are not having the Original WILL.
Normally, the witnesses are supposed to give their name and also the address. Yes, they might have migrated from the said address. But by making enquiry at the address given by them in the WILL, somebody will provide the clue as to their whereabouts.
In any case, if you have to ignore the WILL and go in for inheritence without the support of the WILL, then the property has to go in equal share amongst all the legal heirs i.e. the brothers, their sister and mother.
For this, if the brothers are in possession, they should file a suit for partition. Court will decide their respective shares. The brothers can definitely sell their shares, after giving the option of first refusal to their sister. (It is not clear what the view of their mother is.)
Sudhir Kumar, Advocate
(Expert) 11 January 2016
let there be partition suit.
Nothing to lose as the relations are already appearing to be over.
kalyani choudhury
(Querist) 11 January 2016
Mother expired long ago. Addresses of witnesses ar there in the carbon copy of the Will but one of them has migrated to the US as he is married to an US lady. He is in possession of the Original Will. Both witnesses are friends of my father in law.
Partition suit lates many years to be decided so we preferred avoiding a court case wnich willbe filed in the city where the property exist one brother is an NRI and the other lives in a different city.
so we wanted an easier option to dispose off the property.
Is there any way the sister can be convince ?any law or anthig we can raise against her to stop her greed.
I shall be glad to know.
kalyani choudhury
(Querist) 11 January 2016
If possible we would like to have some suggestions. Thank you everyone for trying to hep.
