My father expired in March 2007 and I have one sister married. My father owned three properties earned by him he wrote a will in 2005 on a fifty rupees stamp papper which was purchased by my father on my mothers name in 1993.in which he mentioned one of the property for my sister and another two properties on my name and he did not registered the will just he had done a notary with two witnesses and among them one had expired .now my sister wants one of my property .she sold her property in April 2017 .my mother is also expired on Jan 2017 .my mother was a house wife three properties were on my father's name till his death please suggest me sir this will is valied or not
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Will is valid
2) Registration of will is optional
3) it is sufficient if will is attested by 2 witnesses
4) apply for probate of father will
5) enclose affidavit of one of the attesting witnesses
6) notice would be issued to your sister
7) if she does not contest you would get probate
8) if sister contests it would be converted into testamentary suit
9) you have to prove that will was executed by your father
The will deed fifty rupees judicial stamp papper is on my mother's name of year 1993 and will was written on year 2005 by my father .I hard that stamp paper should be on same name and year on which will was executed
It is not necessary that will should be on stamp paper
The essential requirements of will are it should be executed by testator and attested by 2 witnessses
this will is valid because according to section 17 of the registration act registration of will is not mandatory. will should be made in presence of atleast two witness and consent of the testator (your father) should be free.
according to section 68 of the evidence act, if one attesting witness proves that will was written by the testator with his free volition then court shall presume that will is valid.
according to the will, you have accrued absolute right in the property bequeathed upon you in pursuance of will, your sister cannot claim any share in this property. if she files any suit for title it shall be dismissed by the court.
If the properties were bought by your father on your mother's name, then the properties shall devolve equally on all the three, ie., you, your father and your sister.
Your father cannot bequeath the entire properties by a will, he can do so only in respect of the share of the properties that he is entitled.
The will is not valid if the testator has no marketable rights to bequeath the properties.
At the present stage, you and your sister are the only legal heirs to your mother, hence the properties left behind by your deceased parents shall devolve equally on both of you.
You can file a partition suit, if she is not agreeing for an amicable settlement.
The will deed fifty rupees judicial stamp papper is on my mother's name of year 1993 and will was written on year 2005 by my father .I hard that stamp paper should be on same name and year on which will was executed
If your father did not have marketable title to the property bequeathed then the will is invalid and not enforceable.