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SANKARPRASAD (MNGR)     11 July 2024

Query on will

A person (A) wants to execute will for his property by saying " I can change this will as and when i like and as I wish along with two witnesses as usual.

One of his successor took his signatures on Stamp papers and on White Papers by force before some time back. Now this person had a fear that if they execute a new will after this present date his , present will be forfeited. 

So this wants to keep a condition in this will that " If any Will Presented by my successors with future date of this will that will must have two of my blood relations signatures on that as an evidence. If two of the Blood relations signatures were not there the future will to be considered as Invalid..

Is this sattement is valid?

 

 



Learning

 5 Replies

P. Venu (Advocate)     11 July 2024

Even in the absence of express condition, the testator can revise or rewrite his Will any number of times. It is the lase Will that is valid. It is not necessary that a Will be on stamp paper.

As to the issue of signatures on blank papers taken by force, appropriate criminal action needs to be taken against the offender.

SANKARPRASAD (MNGR)     11 July 2024

Thank You Venu Sir..

Final conclusion is The Condition waht he kept about future wills is valid.

Warm Regards

T. Kalaiselvan, Advocate (Advocate)     11 July 2024

The conditions you plan to introduce in the current Will shall not be considered as legally valid because this condition is based on a non existent issue hence an imaginary concept therefore the Will cannot be held as legally valid for this reason. 

Instead you give a criminal complaint against the person who forcibly took your signature in a blank paper for necessary legal action and also publish a public notice warning the public to be aware of such fake documents on your name 

Murali mohan B (Advocate)     12 July 2024

 

Hi Sankarprasad,

I strongly recommend to get back the blank signed papers taken forcibly. This is because no matter what provisions you include in the Will, if the person who forcibly obtained the signed papers prepares the documents for his own benefit, it creates complicated problem.

Please consult an advocate personally for the detailed advice.

Murali mohan B
Advocate
+91 9444582897
muralib.adv@gmail.com

SANKARPRASAD (MNGR)     13 July 2024

Thank you Kalai Selval Sir.. I advised that party to proceed legally on this issue. and lodge a police complaint as and when required.

Thanks a lot once again .

Regards

 


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