I am in the process of purchasing a property. The current owner received this as an inheritance through a will from her paternal uncle. The said will is notarised by a notary and the signature has been further identified by another advocate. Other than the notary and the advocate the will has no other witness. The will was made in 1999 in Bangalore and is unregistered. The municipal record and other legal papers have been duly transferred in the current owner's name in 2004 based on the will.
The Bank's legal cell has raised a query that since there is no 2 witness signature this can make the will vulnerable and asked us to get a NOC from all the living members as per the family tree. The sellers are not willing to get the NOC.
My question is is the will invalid - inspite of being notarised and signed by an advocate - just because there is no general witness?
In case we cannot get a NOC from all the living members what is the other alternative to sort this out?
