if the will is Registered you can get the certified copy from sub registrar office.
Will has been lost
Hi I have lost my WILL documents which was given to me by my father. I don't have anything to prove my name on it. Is there anyone who can get me a copy. Thanks in advance
Asked 7 years ago in Property Law
Religion: Hindu
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19 Answers
Even I don't have no documents with me.
Asked 7 years ago
Has the will been registered ?
2) if so you can obtain certified copy of will from sub registrar office
Take search in sub registrar office and obtain certified copy of the will
1) If the WILL is registered with Registrar then the copy is within registrar custody. And if it is prepared and not registered then it may be one copy with lawyer who had prepared the WILL.
Was the will registered?
If the Will was registered then you can get a certified copy from sub registrar office
If not registered, then it will be very difficult
FIR, public notice may not prove to be useful
If your father is alive then he can revoke this Will and prepare a fresh one
See if it was registered will you can get a certified copy from the sub registrar office otherwise if not then there is no chance to find it from anybody.
Sir if no document then the property shall be distributed as per Hindu Succession Act.
Dear Concerned,
You can get the copy of will only if it was registered, then too , you need to have the date and year of registration of the will and details of the registrar office. ELSE not possible.
Best of luck
Your father must have deposited a copy of will either with his lawyer, or submitted it with testamentary department of high Court, or deposited it wiith registrar.
When a person makes a will, the advisable course of action is to ensure that your advocate has a copy of the will and then keep the original in a safe place. If you decide to make any changes to your will, you will need to ensure that the old version is destroyed and that your solicitor has a copy of the updated version.
Unfortunately, this doesn’t always happen. Many people fail to give their lawyer a copy of their will, and they put the original in such a safe place that it can’t even be found! They may have genuinely lost the original while they were alive, and never got around to making another will to replace the lost document. The will may have been revoked by the decedent and all copies destroyed.
In the event that the original will is missing and the lawyer, District Registrar Office or bank has a copy of the will, the probate courts may accept this providing proof of signature from the decedent is provided, along with proof of witnesses’ signatures.
However, in the event that there was no copy of a will left, and the original cannot be found, the probate courts will deal with the matter in a very similar way to a person dying without having left a will at all. They will appoint an executor and distribute the assets of the decedent in accordance with state law with regards to a missing will.
If the deceased’s will cannot be found, there are a number of places you should check to see whether the document has been kept there for safety. You could check with the deceased’s bank with regards to a safety deposit box that he or she may have had or if it is registered with the District Registrar Ofice. Unless you are legally entitled to do so, you will not be able to access the deposit box yourself or even the Registrar office of the District where it is registered, but the courts can arrange for this to be done in order to try and find the will.
Obviously, you should check with the deceased’s lawyer, or if you don’t know who the lawyer is you should contact local law firms or keep your eyes open for any business cards or correspondence from a legal firm. Safes, closets and drawers should all be searched thoroughly, and you can even try looking through the pages of books to see whether the will was hidden in one of them.
Locating the witnesses to the will may also give you a clue as to where the document may be, and you should speak to close friends or colleagues of the deceased as they may have been asked to bear witness to the document.You may also need the lawyer who helped draft the original will as a witness, in which case he normally shouldn't also act as an advocate.
Sir,
If it is registered will you can get the certified copy of the same from conCearned Registrar's office.
Dear Sir,
If it is not registered WILL you have to lead secondary evidence by examining living attesting witnesses who can speak about the existence of such Will. If no attesting witness is alive then you can take affidavits of such persons who were present at the time of such execution of Will or heard of existence of such Will.
Was WILL registered ?
- As per the information mentioned in the present query, makes it clear that you have lost the Will, and now want to get the copy of the same.
- Though you have said so that you don’t have any document to prove your name on it, still you can get the copy of the Will if you know the date of registration and name of your father who executed the Will.
- You need to make an application for certify copy of the same before the registrar’s office along with a nominal fees to the office.
- It may take few days, but you will get the copy of the same. Make the application in detail.
if you know the registration number with you then if will become easy you can get the duplicate from registration department
however even if you donot have the Will you can get the same certified from the court forthat you need to take the NOC from your siblings once you manage to get the NOC then you will not require the WILL .
This is really difficult in case you have some detail of the bill then you can find it out from the registration department and otherwise you can find somebody who can help you there to find out the bill copy if it is registered
You have lost the Will document elsewhere but you are searchig it here in this forum?
Was the Will document a registered document?
If so, then you can obtain a certified copy of the same.
If your father is living then you can ask im to execute another fresh Will.
Even I don't have no documents with me.
You have been suggested some steps in the previous post.
You may obtain a certified copy of the registration copy of the will if it was a registered document