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Will
25-11-2024

The case of the petitioner is that the punja land in S.No.277/1B measuring an extent of 0.11.0 hecs, and comprised in S.No.277/1F measuring an extent of 0.05.5 hecs were originally belonged to one Subbaiah , who died leaving behind his two wives as his legal heirs, without issues. After his death, the properties devolved upon his two wives viz., Kottaithai and Chellathai. Both of them executed two separate registered Wills on 01.03.1995, in favour of the petitioner and his wife. After their death, the Wills have come into effect. above mentioned will is legal or not . pls give suggestions...

•Answers Posted by Experts
Response 1.

Dear Client, wills made by Kotthaithai and Chellathai in favour of the petitioner and his wife are valid only if it made voluntarily, no undue influence, no coercion and must be made in presence of at least two attested witnesses . after the testator death wills comes into effect. however, in future anyone legal heir challenge the wills then it is necessary to prove before the Court that the will is genuine and authentic and compliance section 63 of the Indian Succession Act, 1925 r/w section 68 of BSA,2023. Hope this advice help you. For details discussion feel free to contact us.

Advocate Anik
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Response 2.

Dear Client, Based on your question, validity of the wills executed by two wives in favour of the petitioner and his wife must be required to compliance section 63 of the Indian Succession Act,1925 read with section 68 of the BSA,2023. As both of them executed two separate wills after testator death, it must be proved that will must be made no coercion, no undue influence. Hope this advice help you. For details discussion feel free contact us.

Ayantika Mondal
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Response 3.

Dear Sir, Please contact local lawyer who is well acquainted with in respect of nature of lands you are concerned with to avoid misguidance.

Kishan Dutt
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Response 4.

Dear Client, as per your case facts, If a Hindu man remarries without obtaining a divorce, the second marriage would generally be considered invalid as bigamy is illegal in India under the Hindu Marriage Act, 1955. Below things to be verified. Is 2 wives names mentioned in Family Member Certificate or Legal Heir Certificate? Is Subbaiah executed a Deed of will infavour of 2 wives? Is it Registered or not? Is there any Registered Partition Deed? Is there any other legal heirs? If a deceased person executed a Registered Deed of will in favour of Two wives, in those circumstances they may execute separate Deed of wills, there will be no legal issues, if not there will be legal issues.

Satyanarayana K
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