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GK   12 November 2018

Will without witness

My grand father wrote a will in a piece of paper with out witness that the will belongs to 6 of the grand sons. Though he has 3 sons and 2 daughters but he wants the property to take care of the grand sons only. Is this will valid.


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 8 Replies

Shashi Dhara   12 November 2018

With out witness will becomes invalid two witness are compulsory.

Shashi Dhara   12 November 2018

And also deed writer.

Kumar Doab (FIN)     12 November 2018

The WILL is invalid and may get termed as only a piece of paper having no legal effect…. neither in the nature of a will nor in the nature of transfer of the property!

The legal heirs/successors may not admit/accept the said WILL.

GO thru;  

THE INDIAN SUCCESSION ACT, 1925; CHAPTER III Of the Execution of unprivileged Wills ; 63

Kumar Doab (FIN)     12 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, Religious scholars, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, revenue codes/rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g: Civil courts, HC, SC …

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably from a counsel specializing in concerned filed of law e.g; Testamentary Succession/ Civil matters.

Kumar Doab (FIN)     12 November 2018

In the meantime you go thru;

Supreme Court of India

Narinder Singh Rao vs Avm Mahinder Singh Rao & Ors on 22 March, 2013

Author: ………..……………............J.

Bench: R.M. Lodha, Anil R. Dave

GK   12 November 2018

thanks for the answers to my queries. Is there any solution for this

Kumar Doab (FIN)     12 November 2018

Has your LOCAL counsel opined on any solution!

If yes, what is IT?

GK   12 November 2018

No sir, We haven't gone to any counsel. Thanks for the advise

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