Inheritence of property

Querist : Anonymous (Querist) 28 December 2011 This query is : Resolved
Dear Sir/ Madam,

My Bachelor brother died leaving a will.

Initially when the will was made the property was to be given to 2 sons of my elder brother. After a certain period of time changes were made and the same beneficiaries were cancelled and new beneficiaries were added.

However during the changes made in the same will, which was handwritten he did not get it attested by witnesses and just made the changes and signed himself.

Now the important question is as to whether this perforated will has any value in the court of law.

If not then since he being a bachelor who will inherit the said property.

Also will the brothers and sisters who are alive will be the only beneficiary or the children of the post deceased brothers and sisters are also entitled for a share.

Kindly reply with a little detail.

Thanks and Regards,
Tarun.

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prabhakar singh (Expert) 28 December 2011
I have no hope for any claim on the basis of Will.

As bachelor he did not have wife or issues but is her mother is alive she shall get as class one heir to the exclusion of all.

If mother is not there but father is there then he shall get as class II heir to the exclusion of all.

In case father is also not there then
brothers and sisters shall get equally to the exclusion of all .

Deepak Nair (Expert) 29 December 2011
Righlty advised by Prabhakar Sir.

in my opinion, the earlier will subsists, because the second will was not attested by witnesses.

A will shall be attested by atleast 2 independent witnesses

ashutosh mishra (Expert) 29 December 2011
Prabhakar Sir,appears to have doubted the will because intentions of testator has stood changed but he has failed to to make good the same as per law then court may ask the propounder to remove the doubt which propounder may fail to do as changes are on the same will in the testator'e own hand writing.

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