Hi,it is advisable to get the WILL registered before the registrar..A registered WILL cannot be challenged,whereas a notarised WILL may lead to such future complications
Validity of will
My mother has made a will due to the fact that her signature differs due to old age , she has put her thumbprint on it instead of her sign at the time when it is needed , what precaution can be taken now so that noone can contend that the thumbprint is not hers
Asked 4 years ago in Property Law
Religion: Hindu
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22 Answers
Get will registered with sub registrar office
will has to be attested by 2 witnesses
In order to safeguard yourself from any dispute in future, you can get the will registered at sub registrar office after paying requisite stamp duty for registration of will. Two witnesses would be required for such registration.
Also, you can get a medical certificate from a doctor stating that your mother is not suffering from any mental ailment and is fit to take her own decisions.
SHE IS NOT IN A PHYSICAL CONDITION TO TRAVEL TO SUB REGISTRAR OFFICE. SHE IS CONFINED TO BED. is there a way to get the thumbprint attested to be hers at home to avoid future complications. she has even stopped signing cheques due to signature mismatch in her bank
Asked 4 years ago
An application can be filed to the sub-registrar concerned to register the will at your mother's house owing to her medical condition.
If the sub registrar is satisfied that there is special cause for attending the residence of a person for registration purposes, then the registration of the will would be possible at your mother's residence also.
1) you have to make application to the sub regsitrar office that your mother is unable to attend sub regsitrar office on account of illness
2) enclose her medical certificate that she is immobile
3) request them to depute officer for registration purposes . offer to pay the charges for the same
Yes ,she can ..It is advisable to get the witnesses sign the WILL too..
i ask the similar question in another manner if a person has made a will with two witnesses which is legally valid by all parameters, and has instead put his / her thumbprint on it instead of the signature, WHAT IS THE WAY THAT THE THUMBPRINT CAN BE CONFIRMED TO BE OF THE SAME PERSON BEFORE HE/ SHE HAD DIED? can any precaution be taken by a person, DURING HIS /HER LIFETIME, who has put his / her thumbprint on an unregistered will during his / her lifetime to ensure that there is no dispute about the fact that the thumbprint belongs to him /her after he / she is no more.
Asked 4 years ago
Nothing other than registration can be done.
In case of unregistered will, thumbprint can be an issue and can be challenged in future.
1. Registration of WILL is not compulsory and an unregistered WILL is also a legally valid one, and signatures of 2 persons is a must.
2. Most important thing is the Testator of the WILL has to be of sound mind and this move has to be voluntary and there should not be any threat, force, coercion, etc., from anyone in bequeathing the WILL in favour of anyone.
3. Since your mother is not able to sign the WILL due to her old age, her thumb impression will suffice and the 2 witnesses will subscribe to this fact.
4. However if you wish the WILL to be a registered one, you can get the service of the officials at your mother's home for getting the WILL registered at your mother's place itself. There is a provision available when the Testator is not capable of physically present in the Sub Registrar's Office.
5. For getting the WILL notarized instead of registering it, follow the same steps as explained under Sl. No.4.
6. To confirm that the thumb impression is of that particular Testator only, the 2 witnesses are the proof. However, if you can get the WILL registered, though registration is not compulsory, you can obtain the services of Sub Registrar to personally visit the home of the Testator, for which a provision exists. The registration of WILL in this way confirms that the thumb impression was indeed that of the Testator only.
Enclose medical certificate to will that she is mentally fit
2) some other documents which bear thumb impression would help your case
1. ONLY the registrar of sub-assurances and/or the oath commissioner or person appointed by court, can attest Thumb impression and NOBODY (even witnesses, doctors, lawyers, whosoever) else has any such authority to verify or attest. At times of dispute, such things can be easily challenged.
2. You can apply to the taluka registrar of sub-assurances, for a house visit, to register mothers will, by declaring her old age /sickness /any proper reason. You will need to deposit the said visit fees, thereafter at pre-appointed time & date, the registrar representative will come, take thumb impression on WILL and register it. This will be legally final & conclusive & non-challengable for all purposes.
- As per law, Registeratoin of a WILL is not mandatory
- An unregistered will is valid , if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence.
- Since , she has put her thumb print , hence it is advised to get the said WILL registered from the office of the sub-registrar.
- If, she is unable to move to the registrar office , due to her old age, then you should move an application before the registrar for arranging an official for the same. Registrar is bound to arrange , if needed.
It can be attested. Banks have the software for the same.
See firstly nest thing to do is get the will registered if same not possible get it notarized.
Further for thumb and signature mother can make notarized affidavit stating that she is putting thumb instead of her sign as of her old age and this affidavit can be kept along the will.
See either you can give application before sub registrar office to register at your place , by placing medical record/certoficate of your mother.
Or make an affidavit for sign and thumb.
Thumb can also be verified by forensic experts by matching with other documents , testimony of witnesses in case such will is disputed.
For her precaution it can he registered or such affidavit can be made.
If your mother is living then she can prepare a codicil for the will to mention that she is not able to sign except thumb impression, a doctor certificate to this effect may be attached to the Will to dispose the disputes if any at a later stage.
She can get a doctor certificate to this effect and also prepare a new Will by cancelling the previous Will or by preparing a codicil to the existing Will.
Obtain a doctor certificate to certify her in capability.
Yes, you can take precautions as suggested in the previous posts
the fact that the testator has put her thumb impression on her Will would be testified by the 2 witnesses who would see the testator putting her thumb impression
the process can also be video recorded
A person who normally used to sign if on incapacity is not able to sign she can very well affıx her thumb impression but the same has to be properly witnessed for authentication..
there is no problem in getting a will from your mother as it doesnt require any registration. So get the property willed in a plain paper with thumb impression of your mother in front of two witnesses.
You can make will and get it attested by two witnesses at home the witnesses should be reliable persons.
No need to get the will registered as it is not mandatory as per registration act.
