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kishore kumar   03 October 2024

Will made by owner-valid or not?

My family friend's mother had bought a plot of land with her personal savings. Before dying, she had made a will in the name of her eldest son and her younger son's two daughters, i.e. her granddaughters, in the presence of two witnesses. But she did not want to tell everyone, so she made the will in the presence of two acquaintances of hers and kept it safe.

It was not notarized or registered. Apart from them, there are signatures of two witnesses. After the death of the testator, now those known witnesses have handed over the document to her elder son after his death.

Will this will be considered valid? Or will any other heir of his be able to challenge it?

Thank you.


Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     03 October 2024

The Will is very much valid as per law. 

If the left out legal heirs dispute the Will then the beneficiary can obtain a probate of Will to enforce the Will. 

kishore kumar   03 October 2024

ok, Thanks a lot Sri T . Kalaiselvan Sir.

Advocate Bhartesh goyal (advocate)     04 October 2024

Will is perfectly valid,  testator' has every right to bequeath his/her property as per his/her wish, excluded legal heir can't legally challenge will on ground that they have been excluded.

kishore kumar   04 October 2024

Thank you very much sri Bhartesh Ji Goyal Sir.

T. Kalaiselvan, Advocate (Advocate)     04 October 2024

You are welcome for your appreciations.....

P. Venu (Advocate)     18 October 2024

A very good question paper!


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