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J Roy   22 April 2016

Will on plain paper

My father passed away recently & he had prepared his will on a plain paper alongwith the signature of 2 witnesses. We are 2 brothers with our respective families & our mother is staying with my elder brother. My father had 2 properties in his name - one apartment (he was the sole owner) which he has bequethed to my mother in his will & subsequently to my elder brother in the event of my mother passing away. The other property where my father is the joint owner (2nd name) alongwith me, he has bequethed to my mother & similarly to me in the event of my mother passing away. 

My question is whether this will made on a plain white paper is valid legally & if not, then what is to be done to make it legally valid in the court of law. We both brothers respect our father's decision/wish & we would like to avoid any disputes tomorrow arsisng out of the share of the 2 properties.  Will be very thankfull & obliged to receive your comments. 

    



Learning

 7 Replies


(Guest)

1) If witness are ready to come forward it will be further easy

2) You have to approach Court for Probate on will under Indian Succession Act 

3) Court fee for Probabte varies from state to State

4) If dispute is not there it is easy , If some one contest then problem.

5) In your case Probate is required else further complication

6) After you get Probate update all Govt records on Property

To explain legal word I put legal definition of Probate for your understanding 

Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased.

 

Sankaranarayanan (Advocate)     22 April 2016

I too stand with experts explanation

Kumar Doab (FIN)     22 April 2016

It is believed that you are Hindu.

If you, your brother, your mother are the only ClassI legal heirs of your deceased father then may obtain the requisite froms from the  authority under whose jurisdiction the property falls and submit the copy of the WILL, death certificate, NOC of all ClassI legal heirs, ID proof, photos etc to the authority for the transfer of ownership in the name of your mother. 

 

You can also submit the copy of the WILL, death certificate to the revenue officer ( e.g; Patwari) to update the records as per WILL.

 

You can get a legal heir certificate repared.

 

You can register the WILL.

 

You can submit the WILL for probate.

 

Sheik Madeena Valli (Advocate)     22 April 2016

The will made on a plain white paper is valid legally.

 

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     23 April 2016

Agree with expert Madhu in this matter

J Roy   05 May 2016

Dear Sirs,

Thank you very much for all your inputs & suggestions. Much appreciate the same.

Best Regards,

J Roy.

Sudhir Kumar, Advocate (Advocate)     07 May 2016

the will is valid

 

you say you both brother respect father's decision

 

how do you visualise any dispute


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