• Will

My sister had made a statement bequeathing her property to all the siblings except one. It has run into three pages. It is signed and duly witnessed. However, she had not signed on the first two pages.

Kindly let us know whether we can enforce the will.
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

You can apply for probate of will 

 

it has to be proved that Will was executed by your sister 

 

there are suspicious circumstances surrounding the will as first 2 pages are not signed 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

Release deed is final and binding upon the party executing release deed 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

Yes the will can be enforced if same is signed by her and witness you can file for the probate of the will. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If release deed is made in life same is valid. The person on whose favour right is released has right. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you execute the same no issues.  Relinquishment deed if registered will be valid

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1. The Will does not require signature on all the pages.

2. So if the testator was mentally and physically fit then the Will is valid as signed by two attesting witnesses.

3. So the Probate can be taken out on the basis of this Will.

4. However the beneficiaries of the Will can always relinquish their shares in favour of another.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If the WILL is registered than it can be easily get probation from court.

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The Will which has not been signed in all pages is not legally valid and it cannot be enforced.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

The registered release deed relinquishing the rights in the property is final and the beneficiary becomes the absolute owner of the property by the virtue of this release deed.

Subsequent to the death of the beneficiary the property shall devolve on his own legal heirs.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

apply for probate of will, if she is signed on last page in presence of witnesses. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

release deed can be challenge,need to have solid grounds and proof stating that the deed was made fraudulently. if dont have any proof then their is no point challenging it as the case may not sustain merit in the court.. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

if the will is registered?

apply for probate of the will,

(registered) release deed is final and beneficiaries become the owner of the property by virtue of release deed,

upon the death of such beneficiary, the property will be distributed among his/her legal heirs

 

 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

The release deed is final and the will can be executed if not contested by any one as the first 2 pages are not signed and that can be changed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

It is a valid Will. Never think in negative way since because she has not signed on two front pages. On the demise of one of the beneficiary of  the Will, his LRs will be entitled for such portion of property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. will can be enforced

2. release deed if registered, becomes final, unless it is sought to be cancelled by filing a suit on grounds of release deed having got executed on account of undue influence, fraud, misrepresentation, coercion

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

WILL is valid and release deed cannot be revoked.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear client 

Yes you can execute the will as a will typically have signature of the executant on the last page of will. 

And it will be considered as a valid will. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that your sister has executed a will in favour of all except one, relinquishing all her property.
  2. Though it has been signed and witnessed, but not signed on initial two pages, it will not make any difference.
  3. But what matter is that the Will must be registered as just signing and witnessing is are not enough.
  4. It has to be registered as per the registration act to give force to it in the eyes of law.
  5. If not registered then there is a way to tackle it out, but that is also have to be done as soon as possible.
  6. Rest, you are free to call me at any time for further detail discussion on this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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