Witness to Will in India
Witness to Will in India
I want to get my will witnessed by a married couple, i.e. husband and wife. Is there any restriction that the two witnesses to a will should be unrelated? Or is it ok for both to be a married couple?
2 years ago
A. Hi,
There is no such bar. Witnesses should be adults, i.e. above 18 years of age. While choosing the witness you must keep in mind that they should survive you as they may need to testify the Will after your death. Please contact a lawyer for further advice.
Please rate my answer
Thank You
Ayantika Mondal @ Prime Legal
Advocate Sinjari Bandyopadhyaya
CLAIMING NORMAL SUCCSESSION POST FIRST ABSOLUTE BEQUATH THROUGH WILL
My both parents executed registered will making absolute right bequeath to each other and then second bequeath (which is illegal) to my cousin in the same will. Both parents died now. Hence as a legal
2 years ago
A. Dear client,
It is very important for an advocate to see the will and the declarations made there in. If there is no such mention if your cousins name, then his taking away your property is absolutely illegal.
Contact an advocate as soon as possible.
Thank you
Judge asking for Legal Heir Certificate for childless widow
My Aunt (my father's sister) was deserted by her husband at very young age and earned her own livelihood by doing a job expired last year. In her will, she has willed her house in Jamnagar, Gujarat to
2 years ago
A. Hello Sir/ Ma'am
A legal heir certificate is thus a crucial ‘post-demise’ document to establish the relationship between the deceased and legal heirs and who the legal heirs are, in order to claim certain assets. But the legal heir certificate is required when the person dies without any will. Although if judge is asking for the same you could submit an affidavit Stating that their is no living legal heir of the deceased person.
Thanks
Please rate if you find this advice helpful.
Ayantika Mondal @ Prime Legal
property acquired as per WILL
My friend has a brother and sister and acquired properties as per his father's WILL,whereas one house was given to both the sons and one son want give his share to his brother after taking the money a
2 years ago
A. Dear Sir,
It may be transferred by way of executing a regular sale deed or a Gift Deed or any other settlement deed. In the said deed it must be clearly mentioned that sufficient consideration was given to him and accordingly such deed was executant.
Mother Gifting Away Her Father's property through Gift Deed
My Grandfather had 2 Daughters. He wrote a Will where he gave his house to his Eldest Daughter. To his second Daughter (my Mother) he just mentioned in the Will that she will just get to draw the Inte
2 years ago
A. Hi,
You have to contact a lawyer and discuss the facts in detail. After her death, her legal heirs acquire right on her property. They can transfer the property to whoever they want.
Please rate my answer
Thank You
Ayantika Mondal @ Prime Legal
Jagannath S Pawar
Money embezzlement
My brother was caring for my mother for 4 hrs and I and my older sister used to live out of town. Relations between my younger brother and his wife were always contentious. During our absence my broth
2 years ago
A. Hi,
If you make such a claim that your brother acquired the property of your mother by fraud, the burden of proof lies on you. You have to produce the evidence in court. You can sue him for his cruelty towards his mother.
Please rate my answer
Thank You
Ayantika Mondal @ Prime Legal
Family certificate showing names.
Hi my are divorced for about more than 45 years . I have been staying with my mother since then . My mother recently passed away . She did not write any will, and I have applied for family certificat
2 years ago
A. You may apply for succession certificate stating that you are the rightful person to be the successor of the deceased person i.e your mother and you can go ahead with the selling of the plot once you attain the succession certificate from the court.
Ayantika Mondal @ Prime Legal
signature of witness required to probate a notarized will?
So I purchased a property owner left me a notarized will giving right for transfer, sale, mortgage & her legal heir (2 sons) have no intention for the property. Her 2 sons are the only witness signed
2 years ago
A. What is probate of will? It is nothing but authenticating the will by the hon'ble court so, when someone applies for probate of a will then the main work of the court is to check and declare the authenticity of the will hence if while applying of the witnesses have signed then it becomes easier for the court to prove the correctness of the will and thus it is required that while filing the application for probate the witnesses must sign the application.
Advocate Sinjari Bandyopadhyaya
What are the rights of children from second wife after father's death?
My father expired without making a will. He had a second marriage without divorcing the first wife. He had 4 children from first marriage and 2 from second. He has put name of his second wife for his
2 years ago
A. Since he has put his second wife's name in the service sheet so the pension and retirement benefit like PF will be given to the second wife or children of second wife hence you should immediately send a letter of representation to the company/organization stating the fact that she is second wife and that marriage is not valid as your father did not take divorce from your mother. Hence they should not pay anything to them.
They would immediately stop the processing one receipt of the letter. Pos ...ReadMore
Ayantika Mondal @ Prime Legal
Is the nominee the rightful owner of money received from the bank or the legal heirs?
Think there are 4 brothers Eldest one dead long back 2nd one alive 3rd one alive 4th one dead 4th one kept nominee as second brother for a bank account. And there's some money it According to the
2 years ago
A. If your mother is alive and your deceased fourth brother was bachelor,then your mother becomes his sole legal Successor of movable assets. However,if your parents are not alive,and your deceased fourth brother was bachelor, then his surviving siblings become his legal Successors of movable assets. If your deceased fourth brother was married and your mother is not alive,then his widow and child / children( if any) will be his legal successors.
As per the Rulings of the Apex Court of our C ...ReadMore
Advocate Sinjari Bandyopadhyaya
