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shiv gupta (proprietor)     10 February 2022

will nd old partition document validity

my father death in 2014 Feb 5.I and my elder brother two son of my father.In 1987 my father gave a some money to my elder brother and written a non notarized stamp paper to exit all properties rights to my elder brother.two evidance on stamp paper signed .in 2013 December my father serious Ill admitted in hospital and relived on 3st December 2013.In January 17 /2014 my father written a will in my name for all properties .On 27 January he again admitted in hospital and February 5 / 2014 he died.my elder brother filed a suit on me against will validity on my father health issue basis.he received a cirtificate from hospital from he admitted in december.validity of will and 1987 partition document.


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 2 Replies

Anaita Vas   10 February 2022

Respected Shiv Gupta,

Wills are only enforced after the testator's demise, and if the testator's assets are distributed prior to his/her demise, the instrument is not considered a will. Following demise, the legality of a will can be disputed in a court of law, but only within a specific time period. As a result, the legality of a will after dying is crucial.

There is no deadline for a will to enter into force. A will can be contested for up to 12 years after the testator's demise. According to the Supreme Court in Jamnadas vs Naveen Thakral and Ors, if there are circumstances why some individuals may not have known about the will for a long time, the Civil judge can relax the 12-year restriction since natural justice may be harmed otherwise.

A will is executed after the testator's life, and in order to do so, the recipient must obtain probate, which is an order for the implementation of a will. You must then prove to the court that the person who made the will did so freely and without any undue influence. from a legal standpoint in the event of an unregistered will or when assets is to be passed to a person, this probate from a court of law is necessary.

Furthermore, there is no need for probate in the event of a registered will under the Indian Succession Act, 1925, because the will is clearly recognized and confirmed to be the person's last will and there is no aspect of deceit in it.

 

Regards,

Anaita Vas

 

 

shiv gupta (proprietor)     10 February 2022

Respected madam,

Will written in 2014 January 17 and   old partition document written on 1987

In 1987 fathae alive and 2013 December father I'll serious and admitted in hospital between 12 December to 31 December.

Will registered on 17 th January 2014 

On 27 th January 2014 he repeately admitted in hospital . And after that 5th February 2014 in hospital he died.

 

 

 


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