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Author Topic: Unregistered will with no witnesses. How to proceed?  (Read 475 times)

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Offline vrajeshwari

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Unregistered will with no witnesses. How to proceed?
« on: May 29, 2016, 11:37:10 AM »
My father passed away recently (March 2016 in Hyderabad) and he left a will which is not registered. Basically he wrote it on a piece of paper all by himself and put it away, and no one was witness to the fact that he wrote it. Now my people are requesting few close relatives/ friends to become witness and take them to a known lawyer to complete the process of making the will valid. Can this be contested? Is this even legal? Does this scenario not mean my father died intestate?

Thank you very much in advance.

Offline rajgopal sripathi

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Re: Unregistered will with no witnesses. How to proceed?
« Reply #1 on: May 29, 2016, 05:53:42 PM »
Hi
A Will which is not attested by two witnesses at the time of making of Will is not valid.

An unregistered will is accepted in eyes of law.

A will without witness signature on the will is NOT Accepted in eyes of Law.

Some people try to attest witness signature on papers so written by testator after his death.

Sometimes they are successful in getting the witness signature on the Paper and show them as Will. However truth will come out when the will is Probated.

Please also be informed that if it turns out the witnesses had affixed their signature after the death of the testator, then this tantamount's to fraud and Cheating.

To sum it up the fact is your father died intestate.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline advjaibansal

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Re: Unregistered will with no witnesses. How to proceed?
« Reply #2 on: May 29, 2016, 10:36:45 PM »
Dear Sir,

Unregistered WILL without having any signature of Witness is not valid.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline vrajeshwari

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Re: Unregistered will with no witnesses. How to proceed?
« Reply #3 on: June 06, 2016, 05:47:25 PM »
Thank you for your response. To avoid family conflict, we have decided to put the property on my mother's name. If sometime in the future, she decides to write it all off to my brother, can she do that? Can I, at that point demand equal share, as the property is inherited from my father?

Hi
A Will which is not attested by two witnesses at the time of making of Will is not valid.

An unregistered will is accepted in eyes of law.

A will without witness signature on the will is NOT Accepted in eyes of Law.

Some people try to attest witness signature on papers so written by testator after his death.

Sometimes they are successful in getting the witness signature on the Paper and show them as Will. However truth will come out when the will is Probated.

Please also be informed that if it turns out the witnesses had affixed their signature after the death of the testator, then this tantamount's to fraud and Cheating.

To sum it up the fact is your father died intestate.

 

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