• Will

Hey I got thumb impression of my maternal grandmother on blank sheet of paper infront of two lawyers when she was in hospital .as I dint get time to draft a proper deed nor I had document at that point of time. . also she was not physically strong to sign ... In some papers she has signed partly which look completly different from her original sign ....After that next day she died ... How can I use this paper to draft a will deed ?? Will it be a valid one ... 
She has also made me nominee in bank ...I cared her always and I spent rs 2 lakhs in hospital this time . 
Her age was 70 years ..
Thanks
Asked 6 years ago in Civil Law

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15 Answers

Did she knew that she was giving her signatures/consent to you, for a will? If yes, and in case she freely gave her consent to you for this carrying out this will, you may take you chance to inherit her properties after executing a will.

The proper course was to prepare a will and take her consent upon the same during her lifetime.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hello,

If no one raises an objection to the same then the same remain to be a valid one and can be executed, get a print out on that paper.

Bear in mind that the will can easily be challenged by a person who has the interest in the property.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You cannot use blank papers to draft will

2)will should be attested by 2 witnesses in presence of testator

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

No, this proof is of little help to you at anytime anyone questions the genuineness of the will that you are making.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Yes this can help you.

If there is no one to object the will then you may do the same in order to get the property on your name.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. What you are doing is absolutely wrong

2. you will need 3 people - 2 witnesses and 1 person who will sign on behalf of your grandmother. This person has to specifically endorse on the Will that he is signing on the Will on the directions and instructions of your grandmother since she is not in a position to sign due to her old age as her hand shivers while signing. The same endorsement can be made on the Will by the 2 witnesses. Additionally your grandmother can put her thumb impression on the Will and all the 3 persons will have to state and endorse that they have seen your grandmother putting her thumb impression on the Will

3. let any of the above three persons either type out or write the last wishes of your grandmother on the Will paper. the person typing or writing can again endorse and state that he has so typed or written down the wishes of your grandmother

4. the Will has to be drafted in the same manner in which your grandmother dictates. that will correctly reflect her true intentions how she wants her property to be dealt with after her death

5. so dont make any back dated paper. if your grandmother can speak and understand what she is speaking then let her only dictate what she exactly wishes

6. what you are trying to do is in a way illegal

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

See the will can be challenged but if her consent was for will and there were two witness for same you can make a will on that in case it is challenged you should not neither witness should contest that it was taken on blank paper.

Though it is not legal as will should be made in life of the testor but if she give assent for same and no body has objection to it make will and get it probated by the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

yes this will help if there are any objection also kindly take help somebody expert in Ink (i think you understand what I am saying) for drafting the will..

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The Will is to be signed by the maker of it during his lifetime.

You can not use a thumb impression or signature as a Will after his death. If you do then the same is a forgery and criminal offence.

So forget to use it as using as Will.

Let the property be inherited by her legal heirs in equal shares as intestate succession.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. Obtaining signature on blank paper, for using it to draft a will, AFTER death of person, is Criminal Breach of Trust, Cheating, Misrepresentation and punishable.

2. Do not do it.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

We do not advise how to create documents on blank papers after demise of testator

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes, if it is possible at your end to draft form the back date then good.

Where you have been made as nominee there you will get all rights over that property or money.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Preparing a Will on your own on the blank paper wherein her thumb impression had been obtained, is illegal, especially preparing a will after her death is a crime.

Dont get into trouble by indulging in such illegal activities.

The lawyers might have witnessed the thumb impression only, but what about the contents?

If she is not able to write the will, then she has to certify that she understood the contents of the will and had put her thumb impression after this.

Therefore, look for some other legal way to acquire her properties.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Now i am planning to draft the will in back date with two witnesses as I ve collected papers ??

Also in her lifetime my grandmother wanted to gift her property to me as I was most near to her and she has made me nominees in bank account too ... Could this help me as a proof

The proposed act is illegal and a criminal offence.

Hence no suggestions can be given for doing an illegal act

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear Sir,

Such help may be rendered online phone contact at your sole responsibility.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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