death will

The Will if attested by two witnesses is consdiered to be legally valid.

However the blunt bequest without mentioning the details of the property bequeathed will not enable the beneficiary to enforce the Will.

Therefore the beneficairy can approach court with a petition seeking probate of Will and once probate is granted he will come to know the legal validity of the property bequeathed in the Will.

If the Will is properly drafted and signed by the testator with two witnesses is valid.  

Will if attested by two witnesses and signed by testator then it is perfectly valid and legal.will is not required to be registered or notarized.

Hey, I have read your query and would like to answer it. A will is a legal document that describes testator’s wishes for how his assets should be distributed after his death. Writing a valid will ensures that the property is transferred as per the testator’s wishes and avoids potential conflict and confusion. Some essential elements of a valid will are as follows: 1. Testator’s capacity: Testator must be of sound mind and at least the legal age of majority (usually 18) to make a valid will. 2. Intent: The document must clearly state testator’s intention for it to be his own will. 3. Writing: The will must be in writing, not oral. Many jurisdictions require it to be handwritten or typed, though some accept wills typed and printed by others if testator has signed it himself. 4. Beneficiaries: Will should clearly identify the individuals or entities who will receive your assets (beneficiaries). 5. Executors: Appointment of one or more individuals to manage testator’s estate and carry out the will’s instructions. 6. Witnesses: The will must be signed by the testator and witnessed by two individuals who are not beneficiaries and are competent to testify in court. 7. Signature and date: Testator must sign the will in the presence of witnesses. Relevant case law: In Shivakumar vs Sharanabasappa, Supreme Court held that any irrelevant misdescripttion of property must not operate against the “Will” especially if the identification of the property was not in doubt despite the error. The Will must be given effect to if it is found to have been executed by the testator in a sound state of mind and with his own free will. If the error is a mere misdescripttion and from the language of the “Will” and other circumstances or factors, the property in question is clear, the Court does not need to be get stuck with technicalities, Rather the court must read the “Will” in such a manner that it best fulfills the true intention of the testator. The misdescripttion alone is not reason enough so as to render the entire document suspect. In your case if the deceased’s property has been identified then in that case the will can not be challenged and is valid. Although, if the property is unknown you may find the property by searching for any physical documents, contact with the deceased’s chartered accountant or tax advisor. Hope it helps you with your query. Regards, Parth Chawla