• Will

Can a Will be registered after the death of testator by the beneficiary of the will by presenting it to subregistrar ?

What enquires does the subregistrar need to do compulsorily before registering such a will?
Asked 5 years ago in Civil Law

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21 Answers

Yes, person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration.

NO inquiry.

Yogendra Singh Rajawat
Advocate, Jaipur
22655 Answers
31 Consultations

4.4 on 5.0

1. The registration of a will is not mandatory in the first place, but it can be registered by the beneficiary even after the demise of the testator. The attesting witnesses will have to swear an affidavit to state that the testator had executed the will in their presence. You will have to swear an affidavit to state why the will could not be registered by the testator during his lifetime.

2. Engage a local lawyer for this.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

  1. No. A will cannot be registered after the death of testator. 
  2. Registration of the Will isn't mandatory. An unregistered will is perfectly valid, if it satisfies other requisites of a valid Will. 
  3. Once the property devolves in accordance with the Will, then the immovable property of course, needs to be registered manadatorily.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

Yes, you can get the will register even after the death of the testator, but that must be done within three years from the date of death of the testator. The will needs to be registered before the Sub-Registrar or the Registrar of the district court under whose jurisdiction the property lies. The claiming party under the Will have to produce the Will, records relating to the death of the testator, witness and scribe before the Sub-Registrar. Affidavit needs to be filed by the two witnesses stating the testator had executed the Will in their presence and was of sound mind at the time of its execution and of his own free will. If the Sub-Registrar is satisfied with the truth and genuineness of the execution of the Will, he will register the WIll. However, registration of the Will is not mandatory as an unregistered Will is equally valid if it has been witnessed (2 witnesses) properly. It is advisable to apply for probate in order to have smooth enforcement of the will- and a court cannot deny probate on the grounds that it is not registered.

Robert D Rozario
Advocate, Mumbai
27 Answers

5.0 on 5.0

1. A WILL can be registered in the Sub Registrar's Office, after the death of the Testator.

2. The Sub Registrar will look into, whether the WILL is genuine or not, as also the sub registrar may call the witnesses to confirm the truth.

3. Registration of WILL is not compulsory and is only optional. Most important thing is that the WILL has to have the signature of 2 witnesses. Even an unregistered WILL will have the same legal status as that of a registered WILL.

Shashidhar S. Sastry
Advocate, Bangalore
5128 Answers
314 Consultations

5.0 on 5.0

No it cannot be registered after demise of testator.

The testator with presence of two witness can register it.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

will can be registered after the death of testator .

2) 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.

3) 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 .

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

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

There's no requirement to register the will after the death of testator, unless the interest of the minor is mentioned in the will. Please be specific as to why would you want to register the will after the death of the testator.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

1. Since during registration of a document the signature and photograph is taken by the registration office at the time of registration , In absence of the testator

the registration is no more possible.

2. However registration of Will is not compulsory either. So after death of the maker of the Will , it is not possible anymore.

 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Two winess should have signed the will. You are having the will? Now get it probated by the high Court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

These are suspicious circumstances surrounding the will 

 

not necessary that family members should sign the will as witnesses 

 

it can be attested by friends 

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

The death of the witnesses and the beneficiaries of the Will does not invalidate the Will. The legal heirs of the beneficiary of the Will can nevertheless apply for grant of probate and the signature of the witness can be proved by the persons who are acquainted with his signature.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

See if the witness has testified then in that case then the will is valid. 

See anybody can sign as witness it is preferable if the neutral witness sign the will.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

once the testator is dead, there is no need to register a will. Also, there is no time limit for registration. If an executor is named you may approach the court for Probate, if no executor is named then you may seek Letters of Administration.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes it can be done by legal heir after the death also under the section 40 of the registration Act. 

 

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

 

 Anyone can go ahead and sign of the witness and will .  It is not mandatory requirement that the family members Only sign the will as witness  but it is preferred that the Will is signed by the family members as the witness so that no dispute is raised by those family members at the time of the execution of the said will

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

beneficiary of will and 1 witness in will have sworn oath that The testator has died intestate in the court of law. Both beneficiary and 1 witness took oath as father died intestate in the court after the registration of will ?

----
WHAT IS THIS. IF inform the court about their act, they will send to jail. Any one can be witnesses but must be reliable.

Yogendra Singh Rajawat
Advocate, Jaipur
22655 Answers
31 Consultations

4.4 on 5.0

This will has no legal meaning.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Yes a will can be registered after the death of the testator. The registrar cannot judge validity of a document. The only requirements at the time of registration is that, the person presenting it, has legal authority to do so.

You may have to prove that you are legally authorised to get it registered by documentary evidences.

T Kalaiselvan
Advocate, Vellore
84992 Answers
2205 Consultations

5.0 on 5.0

The beneficiary of the Will and th witness of the Will have sworn before court on oath tht the testator died intestate, is it that due to their innocence or intentionally done.

The beneficiary can do so because he may clim innocence of it but the attesting witness cannot do so, if he does then it is not trustworthy witness, the court may reject his evidence and may pass orders accordingly.

 

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The Will cannot be attested by the beneficiaries or close relatives of the beneficiary for eg., spouse f the beneficiary etc.

T Kalaiselvan
Advocate, Vellore
84992 Answers
2205 Consultations

5.0 on 5.0

Dear 

Yes a will can be registered even after the death of the testator and there is no time limit for registration of will. 

But you don't need to register a will it can be executed even without registration.

For registration of will registrar need affidavit of witnesses death certificate of testator 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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