• Validity of unregistered will signed by 2 witnesses by grandmother

Land purchased by my grandfather was decided in 5 parts(4sons & his wife) after his death in 1975. My grandmother died in 1991. She wrote a will in favour of one of the grandsons for her part of land . That grandson tried for mutation in nagarpalika which was not accepted by authorities as at the time of mutation both the witnesses were dead as told by mother of that grandson.Till today land is in grandmother's name . I have 2 questions:
 1. Can my grandmother write will for the part of land she got after death of my grand father in favor of one grandson.
 2.can this will be regularize?
 2.
Asked 2 months ago in Property Law
Religion: Hindu

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18 Answers

Yes grand mother can execute will for her share of property in favour of one of grandsons 

 

2) if witnesses are dead difficult to prove that will is genuine 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

Apply for probate of grand mother will 

 

since both witnesses are dead you have to prove will by examining other witnesses who are familiar with her signature , by production of other documents that  prove her signature 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

I answer affirmative for all your questions lawfully Yes.

Please approach the Court for probation of WILL as per the wish of your grandmother. The WILL is intact.WILL needs not be registered as per law.

Two witnesses who have signed need not to be present as their duty was to attest the signature of your grandmother and not to the contents. 

Please go for probating of WILL ,you would succeed. Your legal status as per the contents of WILL is valid and legal.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

It appears taking Probate of Will in your state is not compulsory. 

If that is so and if your grandmother is still alive then she can cancel the previous Will and register a new one. 

If she has died then apply for Probate of the Will. It would solve your problem. 

Devajyoti Barman
Advocate, Kolkata
21802 Answers
318 Consultations

5.0 on 5.0

Yes, she can bequeath her share. Will can register at sub registrar office after death of testator.

Death of witness of Will dose not invalidate Will.

All have inherited 1/5th share each including grand mother.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1. the share which the GM got upon demise of her husband becomes her self acquired property and she can make a Will for the same

2. the Will has to be signed by the testator [GM] in a sound and disposing state of mind in front of 2 witnesses and the witnesses would also be required to attest the execution by the testator, by putting their respective signatures on the Will

3. if the above conditions are fulfilled then the Will is validly made

4. if the witnesses are dead then you can give any other evidence of a person who was present at the time when the Will was made and who can depose by way of an affidavit that he too saw the GM and the 2 witnesses sign the Will

5. a Will cannot be regularised. It must either be made as per law or if its not so made then it is invalid since inception

6. in your case it appears that the Will was validly made as per law. Just because the 2 witnesses are dead would not invalidate the Will. You can always give evidence/proof for the fact the witnesses had also put their signatures on the Will and attested the Will 

Yusuf Rampurawala
Advocate, Mumbai
5808 Answers
36 Consultations

5.0 on 5.0

1 yes she can

2. Yes it will be 

Prashant Nayak
Advocate, Mumbai
22643 Answers
49 Consultations

4.4 on 5.0

Yes, the will is valid, It's up on the discretion of your grandmother to whom she wants to give her property by will. And regarding the will, you first have to file for probation of will, irrespective of the fact that witnesses are alive or dead. Then once the court grants you the probation certificate then you can file for mutation. And it's the court only that will decide on the genuineness of the will while granting probation.

 

Vivek Tanwar
Advocate, Gurgaon
6 Answers

5.0 on 5.0

Yes she can write a will as a portion of the property belonged to her.  How can the authorities refuse mutation?nobody challenged the will and hence it doesn't matter whether the witnesses were alive or dead!!

The will is legally admissible.

Rahul Mishra
Advocate, Lucknow
11633 Answers
21 Consultations

5.0 on 5.0

Yes they are. Her sons too are heirs in this case.

Rahul Mishra
Advocate, Lucknow
11633 Answers
21 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that all the grandsons are the legal heirs but the said unregistered WILL is also valid and the grandmother had authority for the said WILL. 

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

1.  Yes, she can very well bequeath her share in the property to anyone of her choice as per her desire and decision.

2. You may try to get the Will probated through court.

 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

The legal heirs of the grandfather are his own children and not his grandchildren.

If any child of the grandfather has died intestate  then that child's legal heirs shall become legal heirs of the grandfather's property.

 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

1. Yes she can write the will. 

2. No will cannot be executed now. 

3. All her legal heirs can claim share from property of deceased owner. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Yes all are legal heirs 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

grand mother will is valid, she can execute her share. 

In case all the named witnesses are not alive, the statement of the beneficiary and the named executor will be taken by the court good enough to hold the Will as valid

 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

not grandsons only son's are heirs. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

1. After getting a share in the ancestral property , it considered as self acquired property of the persons who got in partition . 

- Hence, after getting her share , your grandmother was having her right to write a WILL in favour of grandson legally.  

2. Since the witnesses already died , then this WILL can be challenged by legal heirs of grandmother. 

Mohammed Shahzad
Advocate, Delhi
5691 Answers
55 Consultations

5.0 on 5.0

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