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Procedure to get equal share in property
30-Dec-2023 (In Property Law)
Please clarify that the will is required to be signed by testator & 2 witnesses on each page of the will... Whether the will is valid if the testator signs in all pages & witness signed only in the last sheet... The witness who signed in the will & even the testator is no more The will is made in such a way that entire property will be transferred to 2 son and not for the 2 daughters. The will is a typewritted one and it is mentioned that the testator health is not certain so he made this will as he suspect anything can happen to him as his health is not good. Please advice is there any possibility for equal sharing of the property, so that the daughters will also be benefitted.
Normally, the testator has to sign on all pages. The witnesses have to sign only on the last page. If the testator has omitted to sign any page, this technicality by itself shall not invalidate the will. When executing the will, the testator has to be mentally sound. His physical disability at that time shall not invalidate the will.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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If the will is signed by the testator and witnessed by two witnesses it is a valid will. The onus of proving that it is not a genuine will is on the person alleging that the will is a fabricated one . It is the discretion of the testator to dispense with the property as per his wish.
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Adv. G. Asok
Chennai | 200+ Answers
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Signing of testator in the end of all pages and signing of the witness and testator in the last page is sufficient with regard to signature.
If the will executed by the testator is genuine no need to litigate.If it is not registered and not genuine then you dispute the execution of the will alone. If the bequethed property is the self aquired property by the executor then he can dispose the property as per his will and pleasure.
If the will executed by the testator is genuine no need to litigate.If it is not registered and not genuine then you dispute the execution of the will alone. If the bequethed property is the self aquired property by the executor then he can dispose the property as per his will and pleasure.
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Adv. B.A.Zahirudeen
Mayiladuthurai | 25+ Answers
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Ultimately even if the Will is signed properly it should be proved before the court regarding the authenticity of the Will. Therefore your siblings can question the Will as well. In that event the witnesses will be summoned by the court for cross examination regarding the genuineness of the Will. if you can prove the court the Will is genuine., then there won't be any difficulty getting the property in full. Failing which this proceedings will be converted into suit to fight each other and get the shares .
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