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anamika (gdfg)     02 September 2013

Will is valid when when person is admitted in hospital?

Will is valid when when person is admitted in hospital?

my husband was alcoholic and his father made his will in the hospital when he was addmited in the hospital and also attached doctor's cirtificate as he ismentally and physicaly well.in this case will is valid? my hasbund expired after discharge.

Additional Details

HE EXPIRE AFTER 1 MONTH AFTER DISCHAGING.

 HE WAS UNDER MEDICATION

we are not staying together from last 1 and half year ago as i made filed domestic voilense against he and his father becaus he have quarrel with his father for propperty and he drink alcohol and use to beat me abus infront of my 6 year daughter.me and my daughter staying together in my hasbunds house in mumbai. my husbund running from native place to mumbai (another father's home in mumbai) becoze may be his lawywr says that for he should not get smmons fo DV case.till last he dint get the sammon for DV case is still pendding not any order passed even interim only protection order passed.

my in laws not informed me about my hasbund's death.i get know after 1 month letter.i went to my father in law with my father.still they did not tell me that my husband is expired they don't want to tell me.after that i took death certificate of him from KMC.I COME back home. i got kw that they filled petition for succession in kolhapur court on base of WILL.

IN THAT WILL-:drafted by lawyer
we are not staying together from last 1 and half year ago as i made filed domestic voilense against he and his father becaus he have quarrel with his father for propperty and he drink alcohol and use to beat me abus infront of my 6 year daughter.me and my daughter staying together in my hasbunds house in mumbai. my husbund running from native place to mumbai (another father's home in mumbai) becoze may be his lawywr says that for he should not get smmons fo DV case.till last he dint get the sammon for DV case is still pendding not any order passed even interim only protection order passed.

my in laws not informed me about my hasbund's death.i get know after 1 month letter.i went to my father in law with my father.still they did not tell me that my husband is expired they don't want to tell me.after that i took death certificate of him from KMC.I COME back home. i got kw that they filled petition for succession in kolhapur court on base of WILL.

IN THAT WILL-:drafted by la

1 month ago

IN THAT WILL-:drafted by lawyer "i am fit mentaly but not physically so i would like to make will.my wife throw me out from house with the help of her father sis,brothe .and my wife made DV case againt me.my father handelled me very carefully so i would like to give all moovable and imoovable proppert to my father and he can sale my mumbai flat can give some amount to my daugther,this is my last and fist will".

it is the contains of the WILL.and it made in hospital.and father in law made case against my husband during my husband's hospitalized period.father in law made case for not interfere in fathers property and he disturbing me mentally and physically in that he mentioned he(my husband) was not staying with him he mention my husband's address office address in mumbai running by my husband last 20 years which is the name on my father in law.

in successin petition my father in law mention that his son stay with him from last 3 years.and he care of him.


Learning

 1 Replies

Solicitor Chirag Shah (Advocate & Solicitor)     02 September 2013

Hello,

By executing Will any one can devolve his properties to and in favor of person of his wish after his death.

As per Registration act registration of will is optional.

For valid will : (1) it must be executed by testator in sound mind condition. ( this could be confirmed by Doctor by issuing certificate to that effect)

(2) will should be executed before 2 attesting witness who shall sign  on will in from of testator and each other ( all three has to sign in front of each other)


(3) he will can be challange at the time of Probate on various grounds as to legality but the same is the descrition of the Hon'ble court to decide.

 

KINDLY POST YOUR QUESTION PRECISELY and PROPERLY as the same contains many repetations (might be bcz of Ctrl C).

Regards.

Solicitor Chirag M. Shah

08898050051.


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