Laws relating to will

Others 515 views 2 replies

Gopal B.R.

Sr. Finanace Exec.

37 Points Joined June 2010

Hi All,

One of my friends grand father had got a 30X40 site in Bangalore through Railway Housing Board. He has 3 daughters & 2 sons. He had written a will giving 16% each share in his property to his daughters & remaining to his 2 sons. But he died before the will was registered & the property was transferred to his wife's name. Now his wife has also died but she has written a will herself & registered the same. In the new will the wife has given 12% each share to her daughters & the rest to her sons.

Please let me know which will should be used to divide the property the one which was not registered or one which is registered.

Also let me know the legal complications which may arise if any of the party disagrees to the will.

Replies (2)

@VaibhavJ

Believe!! Live your dreams!

33521 Points Joined November 2008

Hi,

Registration of will is not compulsory. the vital requirement is that it should be attested by two attesting witnesses.

So first Will is valid in law if its each page of the will is signed by the testator along with the witnesses.

Thanks!!

Mihir

Wealth Manager

5293 Points Joined December 2008

Agreed with Vaibhav. It is not mandatory that the Will should registered for it to be valid. However, the Will will be required to be probated, and thereafter the names of the heirs shall be transferred. There is always a possibility of one or more of the heirs could contest the validity of the Will, thereby halting the process of probating the Will, in which case, the issue shall either be settled in the court or a settlement can be effected among themselves.