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Suresh   23 June 2018

Will related querries

Hi,

Need details on below:

1. Need full details on will on ancestor property (House). would it be drafted on white paper?  no registration required? would it be without the knowledge & apporval from the legeal hiers?

2. I am tyring to register the property (which is still on notary 50 years back), jointly or atleast register mutual agreement as family joint proiperty. This property original document is with my uncle. And he is not giving that to us, (we have xerox copy) and willing to go for registration. whenever we are asking about resgistration or partitioning of the property he is saying we will discuss this partistioning only after the lifetime of my Grandmother. So with this drama,  i am suspecting he is secratly made a will document on his name by cheating our us & my grandmother (who is not well educated) . 

Note: My Grand father & Dad are passed away. 

3. Please help how to couter this situation and save the property?

 

Thanks in advance.

Regards

Suresh



Learning

 2 Replies

Suresh   26 June 2018

Anyone please respond....

Aks   25 August 2018

Your question is unclear and confusing. Draft question clearly.  However, In India, (1) a WILL can be on plain white paper (2) There is NO need to inform legal heirs about the Will  (3) Will doesnot need to be registered .

The essential requirement for a Will to be in valid format are :

(1) The date and signature of the testator should be clearly marked. Signature should be on each page.

(2) There must be names ,addresses and signatures of ATLEAST two attesting witnesses.

You must understand that Will doesnot prove anything about the ownership of the property.   If there are two Wills giving the same property...the issue as to who is the owner of the property will be decided in a Civil Case to know the title/ownership. 

On a lighter note, I can give you TAJ MAHAL in my Will...But can you get TAJ MAHAL ?  NO.  Because I  am not the owner of Taj Mahal.


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