Validation/ Invalidation of Will
Tarun
(Querist) 13 July 2011
This query is : Resolved
Respected Sir/ Madam,
My brother was a Bachelor and he expired in 2004. He left behind a handwritten WILL.
When he made the WILL in 1994 he made it in the favour of his 2 nephews in the presence of witnesses.
After that he had a change of heart and he made changes in the same WILL by scratching of the above names and adding the names of his other Niece and Nephew.
But this change did not happen in the presence of any witness but self attested by him in 2002.
My query is whether this WILL has any significance and Validity and can it be challenged in the court for invalidation.
If yes then what are the chances of it to be Invalid.
Thanks and Regards,
Pahlaj.
Devajyoti Barman
(Expert) 13 July 2011
The changes should have be made through execution of Codicil.
Since the subsequent changes was not done in presence and attestation of the witnesses the Will suffers from suspicion or invalidity.
R.Ramachandran
(Expert) 14 July 2011
The WILL is not at all valid by any stretch of imagination. His property will go by way of normal inheritance rules.
Tarun
(Querist) 20 July 2011
Dear All,
My Unmarried brother (Hindu) died inestate. Father, Mother are pre deceased, 1 brother and one sister are also pre deceased.
1 brother and 1 sister post deceased.
1 Brother and 1 sister are alive.
Hence the question is that as per Hindu Succession act who will inherit the said property as discussed above.
Thanks and Regards,
Pahlaj Gangwani.
R.Ramachandran
(Expert) 20 July 2011
oNLY the surviving brother and sister will inherit equally.
NOBODY ELSE CAN CLAIM ANY SHARE IN THE SAID PROPERTY.
Tarun
(Querist) 20 July 2011
Dear Sir,
Thank you for the reply, but can the children of the deceased brother and sister claim a share in the property?
Thanks and Regards,
Pahlaj Gangwani.
