Please answer my question
SUNIL
(Querist) 06 September 2012
This query is : Resolved
it is written that
in the case of making a WILL-------
The testator shall sign or shall affix his mark to the will, or some other person shall sign it in his presence and by his direction.
BUT MY QUESTION IS - why "some other person shall sign it in his presence and by his direction" ?
in which situation some other person signs in the presence of testator? if the testator is present then why some other person shall sign it?????????????
this is very unsafe because suppose testator did not tell any one to sign that . suppose he did not make any will.
suppose a wicked , bad person can write a will and sign the will in favour of testator and can take all the property fraudulently.
what do u think?
I can't understand the rule.is it a safe rule?
R.K Nanda
(Expert) 06 September 2012
Hypothetical query.
SUNIL
(Querist) 06 September 2012
mr. NANDA
IS IT AN ANSWER????????
I WANT A GOOD ANSWER.
PLEASE GIVE A CORRECT ANSWER IF YOU CAN.
R.K Nanda
(Expert) 06 September 2012
Do not teach me how to answer.
SUNIL
(Querist) 06 September 2012
mr. NANDA PLEASE DON'T MIND.PLEASE
please give a correct answer. it's very urgent. i want to know the correct answer.
please please please don't mind.
please give a correct answer.please
I WANT TO KNOW IS IT A VALID RULE?
PLEASE ANSWER.
SUNIL
(Querist) 06 September 2012
IS THIS A VALID RULE??????
THIS rule should be changed.
ANYONE CAN FRAUD USING THIS RULE.
Guest
(Expert) 07 September 2012
Academic query.
Guest
(Expert) 07 September 2012
Dear Sunil,
Unless you specify the real problem with proper background behing your question, you may not get appropriate answer, as any answer may go against the spirit of some or the other law. Mind it, no section of any Act is complete in itself and is supplemented or is in continuation of some other section or provision of some other law.
If you have some specific suggestion with certain logic against the said provision, you may better approach the Law Commission or the Ministry of Law with full justification to aboliish the said provision of law.
Of course, any one can mind your directive language, as you used in the following sentences:
"IS IT AN ANSWER???????? I WANT A GOOD ANSWER. PLEASE GIVE A CORRECT ANSWER IF YOU CAN."
You cannot extract any answer forcibly or by direction to any of them. Even your hired advocate would not like to here such language used by his client, while everyone here tries to solve queries of the needy persons as far as possible, that too free of cost.
So, if you want some information, it is better for you to check your own language, before you write something against some of the experts, as all of them are providing free of cost service in this forum, while their time, efforts and infrastructure maintained by them has a cost to be borne by them.
SUNIL
(Querist) 07 September 2012
SORRY, MR. NANDA PLEASE DON'T MIND. I AM VERY SORRY.
ACTUALLY I WANT TO KNOW THE ANSWER.
IF ANYONE SIGNS BEHALF OF testator THEN WHAT IS THE SECURITY?
SUPPOSE A IS a good person.
B is a wicked bad person.B can make A'S "WILL" writing that all the property A is going to give B. THEN PERSON B may tell anyone of his friend to sign in favour of A.
IN THIS way B can make fraud using this rule.
and when A will die B can take everything.
EVERYONE SHALL THINK THAT A MAKES A WILL.BUT HE MIGHT NOT MADE ANY WILL.
so MY QUESTION IS IS THERE ANY SECURITY IN THIS RULE?
Sudhir Kumar, Advocate
(Expert) 07 September 2012
Firs of all be informed that this is a forum giving charitable advise and person seeking charity has to get the same as charity.
The person seeking charity is not at liberty to react as you have reacted to Mr Nanda who is a very senior member.
Further this Forum is meant for needy persons and you have stated none of your problems out of any fraud.
You referred to a provision that someone is required to sign as witness to will (who can depose in favour of authenticity of will if will is challenged after testator dies). You believe it is IDIOTIC AND NEED TO BE CHANGED
This forum is not at all empowered to change any rule. If you really want to get any rule changed then challenge the same in High Court or Supreme Court. BUT YOU HAVE TO BE POLITE THERE ALSO.
If you believe that Mr Nanda is not wise enough to reply as dictated by you then no other expert can respond the day you want.
It is better you go to some very senior advocate and pay him heavy bundle of currency as consultation fee and seek his advise. You will get CORRECT ANSWER as well as GOOD ANSWER.
BUT SORRY EVEN IF YOU PAY FEE STILL YOU HAVE TO BE POLITE.
Even a pavement vendor does not accept discourtesy.
SUNIL
(Querist) 07 September 2012
SORRY PLEASE DON'T MIND.I AM SORRY.
BUT I CAN'T UNDERSTAND THE RULE.
IF ANYONE SIGNS BEHALF OF testator THEN ANYONE CAN FRAUD
SUNIL
(Querist) 08 September 2012
is there any way to defend the fraud?
actually I am telling all these questions because I have doubt in my mind.
My nighbours are not good. They want my father's property. I am the only child of my father.one of my nigbour tried to kill me when I was very young(childhood). so I am very much afraid.I have various doubts in my mind.
and another question is that IN which situation other person signs in behalf of testator?IS IT ONLY APPLICABLE FOR HANDICAPPED PERSON WHO DOES NOT HAVE "HANDS"?
Guest
(Expert) 08 September 2012
I doubt your present story. A vital question arises, do you have only a distrusted neighbour and don't have trusted relatives and friends in this world that only that distrustful neibour would appear on the scene while your father would make a will and thus you may be fearful of such a fraud?
Another question arises, what is the link of the will of your father, your neighbour and neighbour's attempt to kill you when you were a child. Naturally, a father, whose son is tried to be killed by a neighbor, would have been keeping animosity with his neighbour. So, why your father would trust that neighbour while making a will? I have already stated, unless you specify the real problem with proper background behing your question, you may not get appropriate answer, as any answer may go against the spirit of some or the other law.
Another question arises, suppose you are able to muster support with the replies in favour your concept at this page, but by then your neighbour gets advantage of the so called imaginary and fraudulent will, would that get the concerned section of the law deleted or quashed automatically from back date to help you restore your property back?
I don't think by stretching your query too long would help you get solution for your real problem, which, I am sure, you are not bringing forward for the reasons best known to you.
SUNIL
(Querist) 08 September 2012
IS THE RULE ONLY APPLICABLE FOR HANDICAPPED PERSON WHO DOES NOT HAVE "HANDS"?
IN WHICH CASE THIS RULE APPLICABLE WHEN ANYONE SIGNS BEHALF OF TESTATOR?
SUNIL
(Querist) 08 September 2012
MR. NANDA I AM VERY SORRY. PLEASE DON'T MIND.
PLEASE PLEASE PLEASE DON'T MIND
SUNIL
(Querist) 08 September 2012
IS THE RULE ONLY APPLICABLE FOR HANDICAPPED PERSON WHO DOES NOT HAVE "HANDS"?
IN WHICH CASE THIS RULE APPLICABLE WHEN ANYONE SIGNS BEHALF OF TESTATOR?
SUNIL
(Querist) 08 September 2012
TO,
MR. P. S DHINGRA
MY FATHER ALSO DOES NOT LIKE MY NEIGHBOURS. BUT I AM NOT SAYING THAT. I AM SAYING THAT IF ANY OF MY NEIGHBOUR MAKES A WILL WITHOUT MY FATHER'S PERMISSION AND THEN SIGNS THE WILL AND AFTER MY FATHER'S DEATH CLAIMS THE PROPERTY THEN I WILL BE IN A REAL PROBLEM.
THERE MUST BE SOME DEFENCE TO STOP THE FRAUD.
I am asking that what are the defences?
please reply.
is it only applicable for handicapped person? please reply
SUNIL
(Querist) 08 September 2012
if a will is unregistered is it valid?
if one challenge the unregistred WILL then shall the WILL become invalid?
Guest
(Expert) 08 September 2012
Your present post clearly indicates that you don't have any problem at present, and just working on some unfounded imagination of fraud. Please don't expect from the experts here to waste their valuable time to satisfy your imaginary and baseless thinkings.
Mr. Nanda was quite right in labelling your query as a hypothetical query.
SUNIL
(Querist) 08 September 2012
please atleast tell
is it only applicable for handicapped person?
please please
all the time I am getting panicked.I am very much afraid.
is it only applicable for handicapped person?
V R SHROFF
(Expert) 08 September 2012
Academic query.
You did not disclose any fact and wasting valuable time of Experts.
Mr. Sudhir, We cannot change Laws.
It is the job of Public (Parliament)to have Laws of their choice. We have to act accordingly.
The Court decide the Will is valid or not., on the Evidence and facts of the case.
I wonder why language of the Law " all the time I am getting panicked.I am very much afraid." scare you???? What way are you concerned??
& It seems a Imaginary Query!!
Pl do not irritate Experts . Pl Do not waste their valuable time, that can be used to help a needy person in legal difficulty. Your discussion is at the cost of someone, who will be deprived. We have very limited time to spare for these activity.
SUNIL
(Querist) 08 September 2012
To Mr.Sudhir kumar and Mr. V R SHROFF,
RESPECTED SIR,
I am afraid of my neighbor.
my neighbours are not good. They can do anything.
One of my neighbour wanted to push me and throw me down from the roof when I was very young.
From that time I was very afraid of my neighbours. They can do anything.
So I panicked all the time.
Different types of thoughts come in to my mind.
ajay sethi
(Expert) 08 September 2012
you need to see a psychiatrist .
Sudhir Kumar, Advocate
(Expert) 09 September 2012
Mr Sethi has exactly stated the truth which I was restraining myself from expressing.
A person imagines that neighbor will forge will (neighbor may not be having ideal of doing so) and spreading the idea on open internet forum by multiple threads. Not expressing the real problem. Being discourteous also. Keeps on harping on same point when repeatedly told that the forum is not authorized for change law or even recommend so.
The person is suffering from psychiatric disorder and only doctors can decide its gravity. This is not a medical form.
Sudhir Kumar, Advocate
(Expert) 09 September 2012
It will be in his own interest that while meeting the doctor he should carry printouts of all the thhreads he posted on this forum.
prabhakar singh
(Expert) 09 September 2012
Mr.Nanda was sharped enough to catch you as what you are for which Mr. Sethi advised to seek help for.
This platform has a purpose so better do not ruin our time unless you are a case.
Are you a law student?
Visit a good homeopath who shall wash your doubting habits just in one doze.Tell him all the story of life and do not miss to carry conversation made here which would really help him in finding out the individualized remedy for you.
prabhakar singh
(Expert) 09 September 2012
As regards to your query it is section 63 of the Indian Succession Act which lays down the law how can a WILL be made.Law has to take care of every body.There may be situations where a person may not be able to sign even when he literate or may not be able to mark even his thumb impression for he may not have a thumb or fingers due to its' loss in some accident,hence in absence of limbs if one is not able to mark his thumb impression or sign,even he is authorized to make a WILL as per his desire.So law laid in this regard is not idiotic.
Law says that whenever a Will is brought before court,the Court should cast every possible doubts over it and its' beneficiary is required to remove all those doubts very satisfactorily only then court shall presume the WILL to be a genuine one.
Now you can use your own common prudence if the rule or you are that when you say "THIS IDIOTIC RULE SHOULD BE ABOLISHED."
