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Hello. My grandfather passed away few days ago, and he didn't make his will to distribute property a
25-Jun-2023 (In Property Law)
Hello. My grandfather passed away few days ago, and he didn't make his will to distribute property among his children's. Though, he gave a dairy to his grandson who used to take care of grandparents since childhood and my grandfather has written in that dairy that my 1st son and daughters are not eligible to get share from my property. He also written thag my 2nd son, and 3rd son will be divided into equal parts. However, he has sign on every page of dairy, but didn't leave thumb impression on any of the page. He wrote all these thing back in 2014. .... Now what I would like to ask is. Do we consider signature? Without thumb impression on a dairy. ....please suggest as soon as possible.
Yes, signatures are considered as a valid testament of it written by him. But, that will not be constituted as a testament under indian succession act. But, there are ways that transcripts can be used as an evidence under the Indian Evidence act. As written by the person who is not more and becomes valid under 32(7) and 34 of Indian Evidence Act.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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Hello I have perused your query.
In the present circumstances your grandfather has died intestate or without executing any will which means that the said property will be divided equally among his class one legal heirs i.e. on the basis of survivorship(Hindu Law of Succession)
Mere the existence of such writings carrying his signature in his diary won’t amount to anything alone.
Further, you have an option to file a partition suit in civil court of competent jurisdiction to crystallise shares of everyone in the said undivided property and get its respective possessions.
For any further information feel free to reach out to us.
For a
In the present circumstances your grandfather has died intestate or without executing any will which means that the said property will be divided equally among his class one legal heirs i.e. on the basis of survivorship(Hindu Law of Succession)
Mere the existence of such writings carrying his signature in his diary won’t amount to anything alone.
Further, you have an option to file a partition suit in civil court of competent jurisdiction to crystallise shares of everyone in the said undivided property and get its respective possessions.
For any further information feel free to reach out to us.
For a
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Adv. Love Kumar Soni
Goa | 200+ Answers
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