Community › Forums › Legal Advice India › Status of a handwritten letter in place of a will
- This topic has 14 replies, 3 voices, and was last updated 1 year, 5 months ago by
User_5cf14434.
-
AuthorPosts
-
-
UUser_5cf14434
PARTICIPANT
January 16, 2025 at 6:58 amHelloI have this scenario in my neighbourhood
A neighbour’s old aunt (his dad’s elder sister, spinster, never married) recently died of a heart attack and old age. The neighbour was taking care of her since past 10 odd years. few years back aunt gave him a handwritten letter where she clearly said that after her death all the money in her bank account and FD are to got to him (neighbour). The letter also has a few other details of amount that he has to donate to few charitable organisations, temples etc from aunt’s money which he’s doing.
The Aunt was pretty rich with lot’s of FD’s and some amount in savings account. Now the thing is aunt has a huge family (they were 12 siblings) and now children have their own children. as such the I think the legal heirs will be siblings and in case siblings have died, then spouse and kids of siblings (neighbour is son of aunt’s sibling).
There is no will, just the handwritten letter. So in this scenario, what is the status of this letter in the absence of a proper will ?
-
UUser_9caa453a
PARTICIPANT
January 16, 2025 at 7:24 amReally sorry, but no meaning of this letter, as useless as a love letter.Even wills need to be properly registered and they get dismissed for some errors too.
-
UUser_5cf14434
OP
January 16, 2025 at 7:26 amAhh.. he has actually consulted some lawyer, but I was also curious that’s why I asked here.-
UUser_9caa453a
PARTICIPANT
January 16, 2025 at 7:27 amDon’t fall for any false hopes the lawyer gives, he might be trying to mint money, be careful. A handwritten letter won’t stand a chance.-
UUser_5cf14434
OP
January 16, 2025 at 7:37 amYes I understand, but it’s his choice and his fate.. I am just a curious bystander here.. had a query and asked here.BTW bro are you a lawyer ?
-
UUser_9caa453a
PARTICIPANT
January 16, 2025 at 7:38 amSis* and yes.-
UUser_5cf14434
OP
January 16, 2025 at 8:30 amsahi hai.. thanks for sharing your opinion sis..cheers.
-
-
-
UUrbanrider9157
PARTICIPANT
January 16, 2025 at 8:57 amWould adding the caretaking neighbour as the nominee at the bank(sole or joint) in her accounts and FDโs have overridden whatever the distribution scheme would say in presence of her legit will?-
UUser_9caa453a
PARTICIPANT
January 16, 2025 at 9:02 amNot very sure about this but the nominee might be able to have access to the money but he cannot be the ultimate owner and thus the court would ultimately decide to distribute the funds according to the will. The Will will supercede as per the court orders.-
UUrbanrider9157
PARTICIPANT
January 16, 2025 at 9:09 amThanks!
-
-
-
-
-
UUrbanrider9157
PARTICIPANT
January 16, 2025 at 8:50 amWhat if the said will was an unregistered(no stamp paper) but notarised text document (not handwritten) with her and two witnessesโ signatures?-
UUser_9caa453a
PARTICIPANT
January 16, 2025 at 9:00 amIt can work, but can be challenged by the legal heirs, then the court will decide on the basis of how genuine the will is.-
UUrbanrider9157
PARTICIPANT
January 16, 2025 at 9:08 amThanks for the help. Just one last question if you donโt mindโฆIn order to challenge a will, does the challenging a party have to submit a court fee or other legit fee which would be a certain percentage of the total value of all assets involved in the will that is being challenged?
-
UUser_9caa453a
PARTICIPANT
January 16, 2025 at 9:09 amYes, varies in states.-
UUrbanrider9157
PARTICIPANT
January 16, 2025 at 9:29 amOk, thank you!
-
-
-
-
-
-
-
AuthorPosts