Legal Advice about my mother will case
Hello My Dear Circle
I Need a Legal Advise about my mother Will Case suit filed in a local muncif court in chennai
Respondent counsel cross my mother and show unrelevant document and ask this is your signature first my mother 70 yrs old without opticals she said ok but when she wear the opticals and raise the question this document is not written by me and its unrelevant and this is first time i see this even if i write this and signed me i know very well but this document is unfamiliar to me and she started to read the document but the Magistrate never allow time to read of and unrelevant document then magistrate postponed the cross hearing two weeks later on 26th of this month
Here i need a legal advice first of how i get the unrelevant document before i go to next cross hearing
I informed to this my Senior counsel about this he told me first of all your mother complete the Cross enquiry by Respondent Counsel once it over then we get a copy of this
i think it's not a fair for me more
I Need a Legal Advise about my mother Will Case suit filed in a local muncif court in chennai
Respondent counsel cross my mother and show unrelevant document and ask this is your signature first my mother 70 yrs old without opticals she said ok but when she wear the opticals and raise the question this document is not written by me and its unrelevant and this is first time i see this even if i write this and signed me i know very well but this document is unfamiliar to me and she started to read the document but the Magistrate never allow time to read of and unrelevant document then magistrate postponed the cross hearing two weeks later on 26th of this month
Here i need a legal advice first of how i get the unrelevant document before i go to next cross hearing
I informed to this my Senior counsel about this he told me first of all your mother complete the Cross enquiry by Respondent Counsel once it over then we get a copy of this
i think it's not a fair for me more
Viewed by 166
View all 6 comments Below 6 comments
You may file immediately an "Affidavit" of your mother to the effect that the contentions noted are not agreed upon and correct version is .......". This will be helpful to the effect. more
Oct 15
Please inform who filed the case challending the will of your mother. A will comes into existence after death of testator only as stated earlier by senior people. If there is any dispute over the contents of the will then the same can be cancelled by your mother and make a fresh one as advised. more
Oct 13
Definition of Will & other Related Terms For your Information Will: Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. Executor: An executor is appointed by the testator, as distinguished from an administrator who is appointed by the court. Essential Features of a Will: A Will can be made at any time in the life of a person. A Will can be changed a number of times and there are no legal restrictions as to the number of times it can be changed. It can be withdrawn at anytime during the lifetime of the person making the Will. A Will has to be attested by two or more witnesses, each of who should have seen the testator signing the Will. The essential features are: 1. Legal declaration: The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it. 2. Disposition of property: In a Will, the testator bequeaths or leaves his property to the person or people he chooses to leave his assets/belongings. 3. Takes effect after death: The Will is enforceable only after the death of the testator Who Can Make A Will: Indian Succession Act (ISA) provides that every person who is of sound mind and is not a minor can make a Will. A doctor,s Certificate that your mother is of sound mind is required. Otherwise Will can be attested by a Doctor as Witness. Format of The Will: There is no prescribed format. It must communicate the intention of the person. It can be in any language and can be either hand-written or typed. Execution of a Will: On the death of the testator, an executor of the Will (executor is the legal representative for all purposes of a deceased person and all the property of a testator vests in him. Signature of The Testator: S.63(a) of ISA provides that the testator shall sign or affix his mark. If the testator is unable to write his signature then he may execute the Will by a mark and by doing so his hand maybe guided by another person. In another words a thumb impression has been held as valid. Invalid Wills: S.61 of ISA provides that a Will, or any part of Will made, which has been caused by fraud or coercion, basically not by free will, will be void and the Will would be set aside. Registration of a will is not compulsory in India. However, registration implies that the person writing the will and the witnesses have appeared before the registering officers who have verified their identity and attested the same. The will should be registered in the office of the sub-registrar of the district in which the testator resides. No Stamp Duty: There is no stamp duty to be paid on a will. To be a valid document, the will must be signed and witnessed by at least two witnesses. Maintenance: After registration, the will must be kept in the sub-registrar's office. It can be modified only through notification through codicils which also have to be registered. Probate: For a will to be valid as the basis of distribution of the assets of the deceased, it has be to probated by the court as the last and final will of the testator. Impact on validity: A registered will can also be challenged in a court. A will does not get additional legal sanctity after registration. Named persons: The will may name any person, not necessarily the legal heir, to receive assets or portions of the assets of the testator. more
Oct 13
Executor of the Will disputing it has got a strong legal standing . As advised above, your mother is free to revoke the disputed Will n execute a fresh one. more
Oct 13
