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Is a Will with a thumb impression valid
19-Feb-2023 (In Wills / Trusts Law)
Hi we belong from hindu family. My great grand mother had purchased a property/shop in delhi 6 in 1957 aftr & my grandfather running shop there with their father. Aftr somr time my in 1970 grandfather brother also joined shop. &my grand father giving salry &othr expnsesAs Time passes my grand fathr has make partition in shop given half of the propety to their brother. All is going good my greatgrandmother died in 1993 & in 2014 I went to my shop talked with my grandfather brother son for making registry of their on shops. And given shop photostat paper which is on my greatgrandmonther name. Now in 2014 he suit a case on us showing a registered will made by greatgrandmonther on my grandfather brothr name. Will he is thumb imprrssion. We are in hold of propery from mre thn 60 yrs. Case is going on and my father going to shop now adays. Is their any solution to make their will void.. any lawyer to take guarantee??and take fee aftr I win.
A will is a document executed by a testator (person who makes the will) under which he states as to how and in what proportion he wishes his property to be divided between his heirs or to any other person to whom he wishes to bequeath his property. The essential conditions of a will are that
i. it must be in writing (subject to certain exceptions)
ii. the testator must sign the will
iii. the will must be attested (signed) by two or more witnesses. It must be noted that beneficiaries under a will cannot be attesting witnesses to a will. There is no specified format in which a will is to be made.
Furthermore it could be drawn up on a plain sheet of paper and handwritten by the testator. As per section 74 of the Indian Succession Act, 1925, no technical terms need to be used. However, the intentions of the testator, including the property to be bequeathed and the beneficiaries to whom such property is to be bequeathed to, must be clearly set out. The will must be signed by the testator or his mark affixed thereto or signed by a person as directed by the testator and in the presence of the testator, all in the presence of at least two witnesses each of whom must also sign the will.
In view of aforesaid, if the Will of your grandfather fulfills above mentioned condition, then it is a valid document.
i. it must be in writing (subject to certain exceptions)
ii. the testator must sign the will
iii. the will must be attested (signed) by two or more witnesses. It must be noted that beneficiaries under a will cannot be attesting witnesses to a will. There is no specified format in which a will is to be made.
Furthermore it could be drawn up on a plain sheet of paper and handwritten by the testator. As per section 74 of the Indian Succession Act, 1925, no technical terms need to be used. However, the intentions of the testator, including the property to be bequeathed and the beneficiaries to whom such property is to be bequeathed to, must be clearly set out. The will must be signed by the testator or his mark affixed thereto or signed by a person as directed by the testator and in the presence of the testator, all in the presence of at least two witnesses each of whom must also sign the will.
In view of aforesaid, if the Will of your grandfather fulfills above mentioned condition, then it is a valid document.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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