will
4 years ago
Good morning Sir, i am from Kerala & a christian.... I am the beneficiary of my mother's registered WILL (property). My wife is signed as the first of two witnesses. As per the law wife of a person who inherits the property under a WILL as per Indian succession act 1925 ( chapter V. section 67) cannot sign as a witness.i have a brother and 5 sisters..the other witness is a document writer and we are not relatives. The WILL was signed infront of the registrar by my mother before she died..now my brother is saying that will is not valid because of my wife's signature...what do i do with the will of it is not valid in this case what is the validity of the WILL in court. what do i do to get the benefits of the WILL...so i filed a rit petition in kerala high court and the judgement is attached herewith
regards
Let the Court decide whether it is valid Will or not and ask your brother to approach the Civil Court.
Shreyash Mohta
Responded 4 years ago
However, you can challenge the will and declare it to be a good will without impediments.
You can obtain NOC from all people who would have been (directly or indirectly affected by such will)
File it in the Civil Court and declare this will to be a good will which should not be nullified on the basis of technical errors which a lay man could not have known.
Thank & Regards
Md Shafiuddin Yakub Ali
Responded 4 years ago
Although your wife signed as a witness, this does not stand cancel. No need to worry. You can fight.
Hemanth Hari
Responded 4 years ago