• What if I don’t give them a copy of will

If I don’t give my mother and sister a copy of will... is it a compulsory
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

1. Once a Will is executed then the person having its custody is obliged to share the same among the beneficiaries of the Will.

2. If he does not and it is proved that he had destroyed the Will then criminal case of fraud can be initiated.

3. Since in most cases it is very difficult to prove the same unless the Will is registered one, the person having its custody takes advantage of it.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

See first of all if the will is registered they can file for certified copies from the sub registrar office.

Secondly they can challenge the mutation and can file for partition if there is no will in there knowledge so at that time you have to present it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No, it is not compulsory, but imagine a situation where someone deny to give you something then for sure you may have some doubt on his saying.

If they would have doubt then they would definitely challenge in before the court of law, but if they see it then there may be chances that they won’t go before the court of law as they would know that no use of going there.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

hello,

a will has to be enforced in a probate court and for that, a copy of the will has to be given so that if the parties want they can challenge it. you will have to show them when you will tell them about the will.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1) They must know the property is transfer or needs to probate on your name for this reason you should show them a WILL.

2) Without showing them a WILL how they will trust on you.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

If you are relying upon will copy has to be given to your mother and sister

2) if you apply for mutation of property in your name notice would be given to mother and sister

3) if they ya e no objections then mutation would be done in your name

4) if they object you have to apply for probate of will

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

It is not compulsory.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi

If they are beneficiaries to the properties bequeathed, they are entitled to a copy.

It gives wrong signals against you.

Settle the issue amicably without protracting the matter and unnecessary litigation.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

They may bring about a suit for partition and in that case you have to surely opt for one way or other

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

This is my response to you:

1.Who was the Will made by?

2. If the Will was made in your favour then you need not give them;

3. If the Will contains other people's names you have to show them.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator. Supplying the copy of the will is not a necessary things.

When they known about the will they can claim over the property. If you want to enjoy the benefit of will you will reveal the same before your mother, sister or authority of registry or Village office/ Tahazil.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

No. You are not legally bound to provide them the copy of the will.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

They will move court to claim their share than.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

It becomes your duty to show the will to your mother and sister.

If it is a registered document then they will get the copy directly from the registrar's office, but if it is an unregistered will, you may not be able to enforce the same without their cooperation.

Nothing will change even if you show them the will or give them a photo copy of the same.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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