My answers are as follows:
1)Is Damodhar has right (said she had no source to purchase the properties).
Ans: Source of income is to be established.
2)UN registered will which Kempamma made in favour of me,the same I notrified after her death in 09.Will it create any legal problem?
Ans: No, always Will is to be notified after the death of the bequeather. No legal problem.
3)Is ration card enough to prove that am the adopted son of Kempamma(in ration card she mentioned me as son)?Can I prove by witnesses?
Ans: Yes it is to be proved elaborately including customs etc and you must examine two elder persons.
4)What all documents required to prove&win the case? PLS ADVICE
Ans: I will examine your case in person and tell you more in person. I am in Bengaluru. Please visit my office. The following will help you on proving the Will.
What is a Will?
Answer- A Will is a testamentary document by which a person bequeaths his
property to be effective on his death is a called a Will. The property will devolve
on the person in whose favour it is bequeathed after death of the testator.
Question -9 Who can execute a Will? Are there any other conditions?
(a) Any person above the age of 18 years and mentally sound may execute Will,
but a Will caused by fraud or coercion or by importunately will not be valid
and can be examined by a competent civil court. Therefore a Will must be
(b) Parents or guardians cannot execute Will on behalf of minors or lunatic
(c) A Will must be attested by minimum two witnesses is necessary.
(d) A Scribe (deed writer / advocate) cannot be called witness because they have
signed the Will in column of drafted by. Thus, two independent attesting
witnesses other than the scribe are necessary.
(e) Beneficiary under a Will should not sign as attesting witness.
In order to avoid disputes in implementation of a Will, description of property
and the name of the beneficiaries should be clearly written so that there is no
room for doubt.
Is it compulsory to register a Will?
Answer- No. It is not compulsory to register a Will. The testator may register a
Will at his option. It is better to register the Will so that if original Will is lost; a
certified copy can be obtained from the record in Sub-Registrar Office.
Where can a Will be registered?
Answer- A Will can be registered in the office of any Sub-Registrar within India.
Is there any time limit to register a Will?
Answer- No. There is no time limit as such to register a Will from the date of its
Can a Will be cancelled?
Answer- A testator can cancel his Will at any time during his life time.
Can a registered Will be rectified or changed?
Answer- If the executant of a Will wishes to rectify, amend a Will, he may do so
during his lifetime. Such a document is called a Codicil.
Can a Will be registered after the death of the testator?
Answer- Yes, a Will can be registered after the death of the testator. The Party
claiming under the Will shall have to produce the original Will along with record
relating to the death of the testator, the witnesses and the document writer before
the Sub- Registrar for examination about the execution of the Will. If the Sub
Registrar is satisfied that the Will has been executed by that person and the person
is genuine, he will register it. For details, please see Chapter VIII Section 40 and
41 of the Registration Act, 1908)