Getting Probate is mandatory in Chennai.
My Friends father's Will for immovable property is to be executed in Chennai, is it mandatory to register it in Chennai ?
Will can be registered anywhere in india it is not compulsory to register it in Chennai only . Further it would be better to register the will.
Registration of will is optional
no need to notarise or register will
it is only required to be attested by 2 witnesses
Hi
1) In Law, there is no necessity to register a WILL, given that the WILL can be changed/modified any number of times during the life time of a person.
2) In any WILL, the WILL has to be attested by 2 witnesses (s.63 of the Succession Act, 1925) and in order to prove the genuineness atleast 1 witness has to come to the court and prove that the WILL was signed by the testator( your friend's father) (Section 68 of the Evidence Act) and that at the time of execution of WILL, the testator was in sound mind and that he had executed the WILL without any coercion
3) A WILL can be executed any where in India.
4) It is also preferred that your witnesses to the WILL should be the best witnesses( i.e independent , trustworthy witness who are some how acquainted with the testator, who will come forward to testify in the court about genuineness of the WILL etc)
5) Please note Probate of Will is mandatory if properties are at Mumbai, Kolkatta and Chennai even if the WILL is executed outside any of the state
6) For Rest of India PROBATE of WILL is not mandatory, but if there are any legal heirs challenging the WILL, then letters of Administration are issued after courts examining the witness as stipulated in Section 68 of Evidence Act.
7) Also the WILL has to be (probated) proved in a court having jurisidiction over the properties
example:
(a) A lives in Mumbai
(b) A holds major chunk of properties in chennai
(c) A executes a Registered WILL in Mumbai
(d) Attesting witnesses are from Mumbai
(e) After the demise of executor The WILL has to be probated in courts at Chennai( as majority of his properties are in Chennai) ONLY.
(f) The witnesses have to come to Chennai from Mumbai to testify before the court and prove the WILL to comply with requirements of Section 68 of Indian Evidence Act.
So , parties are advised to take a sound decision depending on all of the above facts.
No. It is not register to get the will registered.
The same is required to be probated in presence of the witness after the death of the person who made the will.
Regards
It can be registered anywhere but if the property is in Chennai and he lives there too you should register it there. If you dint wan TV you can choose not to register the will too.
Regards
Yes, the property where it's belongs to registered WILL in that sub registrar circle officer office.
But anyhow it's not compulsory to registered a WILL. But later on to probate a WILL it's lengthy and complex process.
1. Any WILL executed anywhere in India, is not mandatorily required to be registered. Two Witnesses are compulsory.
2. A WILL even though registered or unregistered, is prone to be challenged in court, by shrewd parties, citing some excuses.
3. HOWEVER, a registered WILL is considered authentic, since it is registered before a constitutional authority, i.e. the office of the Registrar of sub-assurances.
It is not mandatory for a Will to be registered before a sub registrar's office.
The will signed by the testator before two witnesses in all pages is very much valid in law even if it is not registered.
Registration of Will is not compulsory at any stage and it does not matter whether it involves movable or immovable assets.
So the maker can make a valid Will on a plain sheet of paper provided it is seen and signed by two witnesses.
And the testator of the Will must be of sound physical and mental state at the time of execution of the Will.
Dear client
In India, registration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908 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.