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Anshuman maheshwari   27 May 2018

Will is typed and signed but no date

Hi My daddy, who passed away in February 2018, made a TYPED WILL with signature. However, he didn't put the date under his signature. The date is mentioned in the content of the will. Also, two witness signatures is with the same date. Will that be an issue for the validation of will?


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 7 Replies

Aman chawla (DELHI HIGH COURT ADVOCATE)     27 May 2018

No, it will not become an issue, because a presumption is in your favor as there were 3 dates which were mention on the WILL 

Regards,

Aman Chawla

 

1 Like

Kumar Doab (FIN)     28 May 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 

 If WILL is not submitted to be acted upon/or fails while being duly acted upon/in probate  then it becomes matter of succession per personal law that applies.

Check locally and comply with procedure.

If the WILL is rejected then you need to approach courts..

 

Surrounding facts as posted by you may help.

Kumar Doab (FIN)     28 May 2018

The Apex Court has pointed out riders for the WILL.

Supreme Court of India

Narinder Singh Rao vs Avm Mahinder Singh Rao & Ors on 22 March, 2013

Author: ………..……………............J.

Bench: R.M. Lodha, Anil R. Dave

 

7…………… The ultimate findings arrived at by the court below are to the effect that the writing executed by Rao Gajraj Singh, which stated that upon death of himself or his wife, the suit property would be inherited by the survivor, was neither in the nature of a Will nor in the nature of transfer of the property because the said writing was neither registered as required under the provisions of the Indian Registration Act, 1908 nor was attested by two witnesses as it should have been done, had it been a Will.

17. As we have come to the conclusion that the Will executed by Sumitra Devi was just and proper

https://indiankanoon.org/doc/141466740/

Kumar Doab (FIN)     28 May 2018

 

Also go thru;

THE INDIAN SUCCESSION ACT, 1925

CHAPTER III Of the Execution of unprivileged Wills 63. Execution of unprivileged wills

https://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf

Since date is narrated in WILL and signed by two witnesses on same date therefore you may get relief..

 

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil  matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP and proceed in best of your interest.. ASAP.

For such counsels; Check at LOCAL Civil Courts, HC,SC……..

 

You may succeed.

Aks   29 May 2018

Anshuman.

Don't worry. I had the same type of Will of my father where the date was in the content of the Will and nowhere else. And it has not been an issue at all.

Rest assured, there willnot be any problem if the Will atleast in one place has a date and has signatures of TWO witnesses     along with signature of your father.

It is a valid format.

Kumar Doab (FIN)     30 May 2018

1st of al approach O/o authority to act upon WILL as per process of ‘Testate Succession’.

If the WILL is duly acted upon without any cloud on IT then get updated mutation records and all docs by RTI..

If WILL is contested and has landed up in probate court of pecuniary jurisdiction then seek relief from court.

Lean on very able senior counsels as already suggested.

SHIRISH PAWAR, 7738990900 (Advocate)     31 May 2018

It is not necessary to put date under signature. The document is having date is enough. It is a valid will.


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