Sir in a will presence of your father is not necessary in will only the person making it and the two witness are required even your uncle's presence is not required . If you want to check uncle don't make any changes and take more property you can check the properties mentioned in will and then it can be registered.

Legally in will presence of person making it is required.

Hello

A will can be made wrt the property which has been acquired by the testator himself. He cannot make a will of the property which is ancestral. The property in the will must be clearly demarcated and the no of the property as registered in the revenue records must be stated. Also file a partition suit in the district court so as to get a clearer picture of the property which is in question.

Regards

Firslty, as per the information mentioned in the present query, makes it clear that there are two types of property involved in the will.

Secondly, for anscestral property, he can make a will of his share only that is also when the property has already been partitioned.

Thirdly, for other self acquired property, he can execute a will for sure.

Fourthly, the person executing the will should have to be there along with the witnesses, there is no need for the person in whose favour property has been transferred in the will to be present at the time of registering the will befor the registrar.

1. Will has to be signed by the testator and attested by two attesting witnesses.

2. If the will is made by your grandfather then properties mentioned in the will would devolve accordingly even if the will is made under coercion. Your father can then file a suit in the civil court to declare the will as illegal on the ground that it is made under coercion but the element of coercion will have to be proved by him which will be very difficult.

3. Will made even in the absence of father will be perfectly legal.

Grandfather can execute will in respect of his self acquired and share in ancestral property

2) presence of your father is not necessary

3) will should be attested by 2 witnesses

It would be no problem if your father is not present during the execution of will, as the presence of the testator along with two witnesses would suffice for registration purposes.

But since you have mentioned that the properties are both and sister and self acquired by your grandfather, he can only give away his self acquired property and share of ancestral property if partition is already been done.

Your grandfather cannot give away the entire ancestral property as per his will as all the family members have equal rights in the ancestral property, therefore,your grandfather cannot give away a better title than he actually possesses.

Fathers Self Acquired Property can make a will on whom he deserves but in ancestral property he can make a will to that share and bequest it.

The draught of the will should be discussed with your father by sending a complete to him and in case he needs any changes that should be incorporated in before making the final draft.

And the final draught should also be shared with him to get his idea and then you can be signed by your grandfather and two witnesses later it can be registered and probate.

Your father in law can make on the property is he acquired only rest of the property which is of ancestral nature cannot be included in the will so will pass to the legal hairs as they are and later may be divided through a partition deed.

Dear Sir,

The following information may kindly be read:

How do you make a Will in India?

A will has several parts, which duly completed, make up a complete Will. Though there is no legal or defined format, there is a template, which has been generally used for ages. It’s simple, it’s very logical and derives from common sense. Let’s look the whole format and some important points while creating a will.

Step 1 : Declaration in the beginning :

In the first paragraph, you have to declare that you are making this will in your full senses and free from any kind of pressure. You have to mention your name, address, age, etc at the time of writing the will so that it confirms that you really are, in your senses ?

Step 2 : Details of Property and Documents :

The next step is to provide list of items and their current values, like house, land, bank fixed deposits, postal investments, mutual funds, share certificates owned by you. You must also indicate, where all these documents are stored by you. In all probability, these are in your bank safe deposit box.

Even the will should be stored in there! Make sure, you take the details from the bank manager, about the procedure and rules of releasing your will from the safe deposit after your death. Make sure you communicate it to the executor of the Will or your family members.

I am sure, they’ll be pretty interested in this ?

Step 3: Details of ownership :

At the end of the will, you should mention who should own your assets items and in what proportion, after you have gone. If you are giving your assets to a minor, make sure you appoint a custodian of your assets till the individual you have selected, reaches an adult age. This custodian obviously, has to be a trustworthy person.

Step 4 : Signing the Will :

At the end, once you complete writing your will, you must sign the will very carefully in presence of at least two independent witnesses, who have to sign after your signature, certifying that you have signed the will in their presence. The date and place, also must be indicated clearly at the bottom of the will.

Make sure you and the witnesses sign all the pages of the will. One important point while choosing witness, is that they should be your friends, neighbors, or your colleagues and not the direct beneficiaries in the Will. They only certify, that you yourself have signed the will in their presence and are not a party in making the will in India.

The envelope has to be sealed after completing all the formalities and the seal must bear your signature and the date of sealing. The witnesses need not sign on the seal of the envelope.

Will be legal and valid even if it signed and executed in absence of your father.

Your uncle cannot coerce or cast any sort of undue influence on your grandfather to draw a will.

A Will, obtained by force, coercion or undue influence , is a void Will as it takes away the free agency of the person.

1. Your grandfather can execute his will anytime without the consent or information or presence of anybody including his children.

2. Howeever, the said will should have signatures of two independent witnesses who might have to certify later on that your grandfather had executed the will without being coerced or influneced by any body, in case the will is challenged before the Court later on.

1. Will requires signature of any 2 witnesses

2. your father is not required

3. no consent of future legal heirs is needed for a Will to be made

First of all understand the meaning of Will document.

A Will is made for disposition of property according to the wishes of the testator, after death. Will takes effect only after the death of the testator.

The person making the Will should have the testamentary capacity, sound disposing mind, knowledge of contents of the Will,Free from undue influence/ fraud/ coercion, and the making of a Will should be a Voluntary act.

The witness should not be a beneficiary under the Will.

If your father and the uncle are beneficiaries, then they cannot witness the Will neither they can influence your grandfather to writ the will as per their desire.

Moreover the will cannot be final, the testator can cancel the will anytime during his lifetime and write a fresh will also.

Hence dont give so much importance to the will now itself.