• Regarding my grandmother will

My grandmother is at the age of 77. She's a patient of septicemia and probable TB. She's illiterate. 
She has 5 sons out of which 3 passed away. She's in not in great shape and bed ridden currently.
One of my uncles is having plans to take signatures of her on a blank paper to prepare a will of property in his name. He might also bribe the sub registrar and get it registered. Although she might not sign but he might take sign by saying its for some bank document or rental agreement and we cannot guard her 24X7.
In this scenario will the will be valid And what steps can we take to prevent this.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Dear Sir,

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them   Few FAQ's are as follows:

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Get the medical check up done by doctor about her mental & physical capacity/stability and keep the report. if fake Will forged, medical report will be good evidence of suspicious circumstances prevailing at the time of WILL executed.

Better gather the family meeting and record her wish in camera, how she wants her property to be dispose off in her children.

Or prepare a WILL in presence of two independent / faithfully witnesses, ask he wish, reduce it in writing title WILL. Read it to her and get her thumb on all page and attested by witnesses. 

Registration not necessary. Bring the notory home and get it notorised

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

1. The WILL document (even IF registered, in anyway) will be valid ONLY after death of Grand Mother (GM). and Further IF you have a "UNREGISTERED" WILL document, with two witnesses,  dated just a day before her demise, THEN the earlier registered will become infructuous.

2. Instead, all the residual legal heirs can get together and execute a registered Family Settlement Deed, sharing GM's property by mutual consent and signatures. This should be done while GM is still alive with her signature /thumb impression by summoning Registrar for House Visit & Registration, which can be done by following due procedure of law.

3. Point no. 2, will be clear and no disputes over property can happen.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. A will is valid unless it is declared as non est and void by the civil court.

2. You will be free to challenge the will in the competent civil court on the ground that it has been executed in the absence of free consent. The mere fact that she is a patient of septicemia and TB does not prove that she was not of sound mind at the time of making the will. You must gather all her medical documents which may show that she is not in a sound state of mind to understand the import of a will.

3. File caveat before sub-registrar so that before registration of the will he issues notice to you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Obtain medical certificate as to whether grand mother is mentally fit or not 

 

2) if she is not mentally fit you can challenge any will executed by her 

 

3) you have to prove there are suspicious circumstances surrounding the will 

Ajay Sethi
Advocate, Mumbai
94796 Answers
7551 Consultations

5.0 on 5.0

See you can keep proof of her medical condition and her education in case any will is fraudulently prepared you can challange same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If any Will is made during this period, you can subject it to verification and can dispute the same for the said reasons.

Before that you may gather evidences about her illness and other aspects so that you can properly challenge the Will at  later stage when he is trying to enforce it legally to acquire the property.

 

T Kalaiselvan
Advocate, Vellore
84997 Answers
2205 Consultations

5.0 on 5.0

Ans:- Apart from preventing her to sign the documents there is nothing you can do for now. In-case you witness that your uncle is taking signatures by fraud or does forged signatures then you should ideally take video recordings of he same. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

File a police complaint to the said aspect. Also file a suit and seek injunction from such people contacting her

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

1. A Will should be signed by at least two witness in presence of testator and it is not mandatory to register a will as per registration act.

2. You should install a CCTV cameras where your grandmother is staying so that you will have complete knowledge about her visitors in your absence.

3. If she is mentally not well then will can be considered as null and void.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

For valid will 2 witnesses Signature required. 

incase if your uncle prepare forged fake registered  will then other heirs can challenge and file a case in court to seek appropriate orders.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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