Property Ownership Issue - Notarised will without witness
21-Apr-2024 (In Property Law)
My grandfather had purchased a property in 1957 and then made a will and a gpa in favor of my grandmother in 1992 however same is only notarised and not registered with witness field left blank. Then my grandfather died in 2000. My grandfather had 4 sons and 4 daughters.
On the basis of above will my grandmother made a regitered will in my favor for the half of the house and for remaining half she didn't do anything. What can i do as first will was not signed by witness.
Technically, a will needs to be signed by two witnesses. In the absence of the requisite essentials of a will, the title derived through it would also be open to challenge. But it will have to be seen exactly what are the contents of the GPA and will and whether based on those documents, your grandmother’s title on the property is being reflected in the public records.
there are a few queries that need to be answered before deciding the future course of action. was the will which your grandfather left acted upon? in the local authorities' office, whose name is present on records? this is legally a little complex, so therefore it would be better if steps are taken before taking proper legal advice
Only the latest WILL is valid but without no witnesses WILL is null & void.
Now the succession of the Propety shall be as per the classes of legal heirs and if anyone brings the will in picture then you need to challenge the WILL
You need to hire expert advocate in this regard!
Plz b in touch
Now the succession of the Propety shall be as per the classes of legal heirs and if anyone brings the will in picture then you need to challenge the WILL
You need to hire expert advocate in this regard!
Plz b in touch
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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