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willdeed

(Querist) 16 October 2010 This query is : Resolved 
dear sir
their is any pricribed fromat in will deed

my father expire on nov 2009 he made will on my name for property my elder brother and two sisters got married and since 20 year my brother is stay away form house now before my father expire he came join with us now he telling that that it is not a valid will even that is registerd please giv advise
R.Ramachandran (Expert) 16 October 2010
There is no prescribed format for a Will. There should be at least two witnesses to the Will.
There is also no requirement that a Will should be registered. Even without registration a will is valid.
However, in case any of your brothers or sisters challenge the validity of the will i.e. saying that it was not executed by your father; or that there was fraud, pressure, undue influence, coercion etc., then you have to defend the same. You may have to produce the witnesses to prove that the will was signed by your father in their presence; and that there was no pressure or fraud.
A V Vishal (Expert) 16 October 2010
Dilip,

Your query is silent on the nature of the property, if it is self acquired property by your father, then the will is legally valid else it is not.
Parthasarathi Loganathan (Expert) 16 October 2010
Inheritance to the property in question solely depends on the criteria as advised by Vishalji.
Kirti Kar Tripathi (Expert) 16 October 2010
in case the said will relates with self acquired property of your father, the will is valid.
V.Mahadevan (Expert) 16 October 2010
If the father is the sole or absolute owner of the property,the entire property will pass to one of the several heirs or to a stranger and leave nothing to his family members.
To put it in short, a will can be made by any adult provided he is of sound mind.A valid will has to be in writing, signed or the mark put under his direction in the presence of two attesting witnessess who must sign the will.
mahadevan
Rajeev kulshreshtha (Expert) 17 October 2010
I agree with Mr.R.Ramachandran
ashish lal (Expert) 17 October 2010
i agree with Mr. Mahadevan
Sri Vijayan.A (Expert) 17 October 2010
There is no format for WILL.
Registration is not compulsory for WILL
If other heirs disputes, you may have to probate (Prove) the WILL


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