• Will

Srinivas has made a will without any registration . and then srinivas died .later his son mahesh goes to sub registration ofice to get the will register. later mahesh will goto civil court and he will apply for probate, court will allow the probate. court asks the withness and also checks the evidence . court will accept the withness and evidence. court will give the final judgement date . the court have asked mahesh to present a sitation copy details of others , whos similar to this case. i need the details of this case sir please give me
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

hello

it is not compulsory to register the will. do you want a citation on this point? ok but we cant mention information of rival sites or links.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Sir what i can understand from your question that you need citation on the point that the registration of will is not compulsory correct me if I am wrong? Sir within preview of the Registration Act it is not compulsory to register a will the registration is better only when validity is challenged so non registration of the will wont effect the case. Further mahesh donot need and cannot go to register will made by Srinivas to the sub registrar he can directly approach probate court,

In India, registration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, (Act), and according to section 18 (e) it is the testator’s choice as to whether he wishes to register it. There is no stamp duty payable. But if one chooses to register a Will with the applicable registrar/sub-registrar of assurances, the registration provides evidence that the proper parties had appeared before the registering officer and the latter had attested the same after ascertaining their identity. Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness. It doesn’t have to be executed before a notary public.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) registration of will is optional

2) on demise of testator will can be registered

3) claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar.

4) 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 .

5) If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register.

6) no time-limit has been prescribed under the law for registering the will and hence a will may be presented for registration at any time. Section 27 of the Indian Registration Act 1908 may be referred. Provision regarding registration of will have been given in section 40 and 41 of the Indian Registration Act.

7) execute can apply for probate of will

8) annex affidavit of attesting witness

9) if there is no objection from other legal heirs you would get probate in 6 months

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. The Will id executed without registration can not be registered after the death of the testator.

2. So if Srinivas has died then on his death no fresh registration can done of his unregistered Will.

3. Their remaining part of your query is not clear to me.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. No registration of the will is required and unregistered will is very much valid as per law.

2. Moreover, no registration of the will or any document/deed is possible unless the executor of the will of the said document/deed is personally present before the Registrar to append his signature on the said will.document/deed. So, the son of late Srinivas can not get the said will registered.

3. While seeking the probate of the will executed by late Srinivas when ghe was alive, his said son shall have to file a probate application attaching, inter alia, the legal heir certificate to whom notice will be sent by the Court allowing them to contest the probate application or give consent for the said application.

4. All probate applications are based on the above steps to be taken for which there are thousands of citations.

5. If the said will has been registered by the son of late Srinivas after his demise, then he might have forged or arranged to have his late father sign before the Registrar which will be treated as invalid as per Registration Act.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Will is not required to be registered

2. Where did Srinivas made the Will

3. Is Mahesh the executor named in the Will?

4. Can u kindly give more details about this case

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

On what legal point do you require the citation?

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Person who executed the WILL, expired, Mahesh cannot get the WILL registered, neither sub registrar can do, its illegal and can make the WILL invalid.

Unregistered WILL is valid.

Probate is not compulsory in Blore.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

For grant of probate you may file the case in the court competent.

If the papers are in order then you dont need any citations

This is position of law hence you follow the court procedure properly which will be sufficient for obtaining probate.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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