Unregistered will without signs of witnesses
1 month ago
My grandfather made a will in name of my father the will is not registered and also there is no sign of any witnesses but he made a registered power of attorney in name of my father to fight the ongoing case but not mentioned for sell rent or inherit. My father is no more now my uncle's are asking to divide the property. So is the given documents are valid can i can deny them
A.Dear Client,
Without the signatures of witnesses and registration, your grandfather's Will in favor of your father becomes invalid under the law. Additionally, the Power of Attorney becomes ineffective upon the executor's death. As per the law of intestate succession, the surviving legal heirs of your grandfather are entitled to an equal share of the property. To obtain their individual shares, the legal heirs must file a partition suit in the Civil Court with jurisdiction over the property.
Without the signatures of witnesses and registration, your grandfather's Will in favor of your father becomes invalid under the law. Additionally, the Power of Attorney becomes ineffective upon the executor's death. As per the law of intestate succession, the surviving legal heirs of your grandfather are entitled to an equal share of the property. To obtain their individual shares, the legal heirs must file a partition suit in the Civil Court with jurisdiction over the property.
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A.Dear Client,
In the absence of both signatures of witnesses in the Will and its registration, the Will made by your grandfather in favor of your father becomes infructuous/invalid and unenforceable under the law. On the death of the executor of the Power of Attorney, its enforceability gets seized. A POA is effective while the executor is alive and expires upon his death. So, following the law of intestate succession, the surviving legal heirs of your grandfather are entitled to an equal share in the said property left by your grandfather. To acquire the individual share in the said undivided property, legal heirs have to file a partition suit in the Civil Court having jurisdiction over the suit property. Reach out to a lawyer handling property matters for guidance and steps.
In the absence of both signatures of witnesses in the Will and its registration, the Will made by your grandfather in favor of your father becomes infructuous/invalid and unenforceable under the law. On the death of the executor of the Power of Attorney, its enforceability gets seized. A POA is effective while the executor is alive and expires upon his death. So, following the law of intestate succession, the surviving legal heirs of your grandfather are entitled to an equal share in the said property left by your grandfather. To acquire the individual share in the said undivided property, legal heirs have to file a partition suit in the Civil Court having jurisdiction over the suit property. Reach out to a lawyer handling property matters for guidance and steps.
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