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pritam (proprietor)     11 October 2014

Wills

Suppose there are 3 brothers A, B and C and each of them have executed one will each with regard to one immovable property of which they are having joint ownership with equal shares. Each of them have made will with regard to their share. Each will has two attesting witnesses. The wills are executed as follows:

A executed a will making B beneficiary. C and their uncle are attesting witnesses.

B executed a will making A beneficiary. C and their uncle are attesting Witnesses

And finally C executed a will making A beneficiary. A and their uncle are attesting witnesses.

 

Please go through carefully and explain elaborately whether such wills are valid or not? Especially with regard to attesting witnesses kindly clarify as they are siblings and their father’s cousin brother.

All the wills are registered. If these wills are contested will they be considered in the court?



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 3 Replies

Hardeep (Business)     11 October 2014

There is no prohibition on siblings or relatives being witness to a will.

 

since the wills are further registered, they can be cited in a court.

pritam (proprietor)     11 October 2014

Sorry there was a mistake in the question I asked. I corrected it and re-sending it. please consider again and reply. Suppose there are 3 brothers A, B and C and each of them have executed one will each with regard to one immovable property of which they are having joint ownership with equal shares. Each of them have made will with regard to their share. Each will has two attesting witnesses. The wills are executed as follows: A executed a will making B beneficiary. C and their uncle are attesting witnesses. B executed a will making A beneficiary. C and their uncle are attesting Witnesses And finally C executed a will making A beneficiary. B and their uncle are attesting witnesses. Please go through carefully and explain elaborately whether such wills are valid or not? Especially with regard to attesting witnesses kindly clarify as they are siblings and their father’s cousin brother. All the wills are registered. If these wills are contested will they stand? Thanks.

T. Kalaiselvan, Advocate (Advocate)     17 October 2014

First of all a WILL will come into force only upon the death of the testator, so you have to say who will contest the Will and whose?, who will be the beneficiary of the testator and who will have an objection?, all the three Wills have been executed by the persons who have valid title to the property to the extent of their respective shares.  Therefore Will is a legally valid document, the problem is only when all the three Wills come into force at a time simultaneously, because there will be no beneficiary to avail the benefits of the wills.


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