My father made his will in 1995 on Rs 100 stamp paper. It is signed by 2 witnesses and also notary attested. Is it valid? I went to Municipal Corporation and Electricity Department for some small work (name transfer from my father to my name). But the department refused the will since it was not registered. Please let me know how do I proceed? Is there a way to get the will registered now? Both the witnesses are alive.
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Registration of will is optional. It is not mandatory
Application can be made to register the will after demise of testator
affidavit has to be filed by 2 attesting witness before Sub registrar that testator had executed will in our presence , that testator was of sound mind and healthy at time of execution . that testator executed will of his own free will .
1. yes,it is very much valid as registration of Willis not compulsory.
2. The municipality is not right.may be they were asking for Probate as afr the death of the person the legal heirs requires to obtain Probate from court on the basis of the Will.
3.So meet a lawyer and apply for probate of the Will.Then no one can disregard the said Will.
A. Will need not be registered in the eyes of law.
B. Will can be executed even general white paper without paying stamp duty with two witness.
C. Will only will be effected when the executor died.
D. When a dispute arises over the Will that can be resolved by applying probate before the Court of Law. In your area Probate for will is not mandatory as like Madras, Bombay and Culcutta.
E. You can convince the local bodies by quoting the above said grounds.
It is not mandatory to register the Will.
However if ther is an objection from any authority over its validity, then you may approach civil court with a case seeking grant of probate of the will.
After getting probate, you can enforce the will and can apply for mutation of records as well as transfer of all other records to your name based on the probate of the will .
