What to do when you know a will is invalid
Querist :
Anonymous
(Querist) 12 November 2020
This query is : Resolved
The hand written will of the deceased father does not have the necessary witness signatures or the necessary information regarding the properties to make it a valid will. The hand written will is currently held by only sole beneficiary mentioned on the will out of the 5 children who are entitled to the inheritance property and no other sibling has a copy of the will. What should be the next steps to contest the validity of the will and divide the property equally among the siblings and the living mother? How to prevent the beneficiary on the will to get forged witness signatures on the will if the other siblings don't have a copy of it?
Isaac Gabriel
(Expert) 12 November 2020
You have not stated whether the will has been probated.In such an event, the legal heirs are entitled share of the property.
Querist :
Anonymous
(Querist) 12 November 2020
The will is neither registered nor probated. When the will are not signed by witness signatures, the part of it getting probated doesn't even come in the picture right?
P. Venu
(Expert) 12 November 2020
The will could be ignored. Any of the legal heirs could file a suit for partition pleading the property to be intestate.
Advocate Bhartesh goyal
(Expert) 12 November 2020
Yes, you may file partition suit and claim your share in property left by your father also file injunction petition and get restrained him not to sale,alienate or transfer the property to anyone.
Querist :
Anonymous
(Querist) 12 November 2020
So what if the sole beneficiary for the sole purpose of keeping the property mentioned in the will tries to get witness signatures now by some crooked way? He is currently not willing to share the will with the other siblings? Is there a way to prove this if something like this may happen?
P. Venu
(Expert) 12 November 2020
All these issues could be taken care by the suit for partition. The alleged beneficiary cannot take advantage of the Will, if any, unless he pleads and proves the same.
Rajendra K Goyal
(Expert) 12 November 2020
File suit for partition and oppose the validity of will in the court.
A. A. JOSE
(Expert) 12 November 2020
Initiate early steps to file partition suit by engaging a local lawyer please.
kavksatyanarayana
(Expert) 12 November 2020
The "Will" shall be valid only if the "Will" is attested by the 2 (two) witnesses, and scribe. The scribe may be the Testator. so will is not valid. file suit in the court by consulting a local lawyer.
Dr J C Vashista
(Expert) 15 November 2020
What is youridentity / locus standi to the "will" as well as propertystated to have been bequeathed in favour of one of the five siblings ?
Dr J C Vashista
(Expert) 15 November 2020
Either of you (four other siblings of deceased) do recognise hand writing of father ? In these circumstances beneficiary must seek probate of the hand-written will.
Querist :
Anonymous
(Querist) 17 November 2020
Thank you all for the answers, So can I file the suit for partition and oppose the validity even without the copy of the will?
Or do I have to wait for the beneficiary to try make a sale of a any intestate property and then challenge this? Since no siblings have any copy of the will other than the beneficiary, how do we proceed with the law suit? I am only worried that since no siblings have a copy, the alleged beneficiary may get the will legal by getting signatures from known people if we try to file a suit. Appreciate if you can advice on this.
Rajendra K Goyal
(Expert) 17 November 2020
You should file case of partition. Let other party oppose on the basis of will.
