The Will is absolutely valid
No registration of Will is compulsory
My father made a Will, duly signed by him and two witnesses in 2017. However, the Will is not registered. What is its validity in the light of Hindu Succession Act 1956, as amended in 2005, and H'ble SC judgment of 2018 on a Civil Petition. e-mail: [deleted] Mob: [deleted]
A case of property dispute has arisen and my siblings have gone to civil court for equal distribution of father's property stating that there is no registered Will left behind by our father. If the Will is considered valid, what followup is required to hold the Will valid in eyes of Law?
As per law is concern it is very clear that will would be valid even if it is hand written but same should be signed by atleast 2 witnesses and should also bear the certificate of the doctor stating physical n mental fitness of person who executing it.
See the will on plane paper signed two witness is valid there is no requirement of registration of the will you can file for the probate of the will.
1) registration of will is optional
2) non registration does not affect validity of will
3) you should apply for probate of will
4) probate is judicial proof that will is genuine
A will can be made and it is not necessary to register a will. Therefore even if a will is unregistered it cannot be dismissed just because of this factor.
regards
The civil suit must have been filed by your siblings...a partition suit basically. Now if a will exists the situation is totally different as nobody except the person who us named in the will is the recipient of the property.
Regards
See you have to file for the probate of the will before the probate court also the will can be produced in the suit, the court can refer it for FSL is signature on same are challenged.
1. An unregistered Will is as valid as a registered Will as registration of Will is never mandatory.
2. So if the Will is otherwise validly executed like it as made during his physically and mentally fit condition and attested by two witnesses then it is valid and on this basis the suit for partition would would be determined to find out if your brothers have any share in the property or not.
You have to prove that will was executed by your father
2) apply for probate of will
3) enclose affidavit of one of attesting witness
4) registration of will is optional and does not affect validity of will
The Will can be probated by filing a probate petition or a civil suit can be filed to prove the Will as genuine and last Will of the deceased
Registration of Will is optional. Valid for all purpose. And it`s due execution will prove by recording statement of witness in court.
dear sir
As per section 18 of registration act it is not mandatory to get a will registered. So the unregistered will is also valid.
But to prove that will both of the witness should go to court to prove that will was signed in front of them and your father was healthy and of sound mind at time of making the will.
A Will need be registered. It's not mandatory to register a Will.
An unregistered Will is also legally valid.
There's no such ruling by supreme court making an unregistered Will as invalid.
If the Will is challenged by others then you can file a probate petition for grant of probate to Will through court of law which will confirm the Will as valid.
It is settled law that the registration of a Will is an important circumstance proving its genuineness, however, registration does not dispense with the need of proving the execution and attestation of the document as required under Section 68 of the Indian Evidence Act, it only dispels any doubt as to the genuineness of the Will. However, non-registration of a document by itself would not ipso facto make it bad. It is always open for the person who is claiming right on the basis of an unregistered Will to prove its execution and attestation so as to dispel all doubts relating to its genuineness.