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Validity of will if maker,beneficiary, witness all dead
05-Apr-2023 (In Wills / Trusts Law)
The daughter in law of the house claims to have a Will by the mother in law giving the property to her husband, son and herself. Will is dated 16.4.2005. Now the testator, one of the beneficiaries and the witnesses are dead and there is no one to prove the will. The existence of the Will itself has come to be known only in October 2016. It is not probated or registered. How can its validity be questioned. I am a Hindu.
Hindu will need not be probated. If you have any doubts with respect to will you can always challenge the same. The burden will be on the person who claims will or the beneficiary on the will and property
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Adv. Raghunatha R
Bangalore | 25+ Answers
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She can prove the will by getting the signature compared with contemporaneous signatures of the testator, by Forensic expert. Law always opens the door to the aggrieved person in one or the other manner. The court will examine the nature of the will and the circumstances under which it has come in to existence etc.
You can seek your right declared if you have got exclusive right or if you are a share holder, seek your share and get declare that the alleged will is not valid etc.
please contact an experienced civil law practicing advocate. Good Luck.
You can seek your right declared if you have got exclusive right or if you are a share holder, seek your share and get declare that the alleged will is not valid etc.
please contact an experienced civil law practicing advocate. Good Luck.
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Adv. Chandraiah
Bangalore | 100+ Answers
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