• Unregistered will

My wife left with an unregistered will through which I inherit immovable property land and house. I want to make a will bequeathing the same inherited property to my grown up children and want to register the will. The registrar office is reluctant. What is the legal solution? Please advise.
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

There is no prohibition to register WILL after death.Sub registrar cannot refuse.

You can also execute your WILL and get it registered or notorised, sub registrar cannot decline. If sub registrar is not registering, complain to DG stamp or collector.

Registration of WILL is optional.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22644 Answers
31 Consultations

4.4 on 5.0

A Will need not be registered compulsorily under law. You have to produce only the death certificate of your wife, along with the Will (executed by your wife), for registering the Will executed by you. If the registrar refuses to register it, you may prefer a written complaint to the Inspector General of Registration. If no action is taken, you may file a Writ in the High Court seeking appropriate directions to the registering authority.

Swaminathan Neelakantan
Advocate, Coimbatore
2803 Answers
20 Consultations

4.9 on 5.0

As per law, a person making the WILL should have the testamentary capacity, sound disposing mind, knowledge of contents of the Will, Free from undue influence/ fraud/ coercion, and the making of a Will should be a Voluntary act.

- Further the conditions for making a valid WILL are : 

1. The testator should sign or affix his mark (e.g., thumb mark),

2. The Will must be attested by 2 or more witnesses,

3. The witnesses must have seen the testator sign or affix his mark to the Will; or

4. Received an acknowledgement from the testator that he has signed the Will; and

5. Each witness shall sign the Will in the presence of the testator.

- Further the witness should not be a beneficiary under the Will, and the witness can also be appointed as an executor under the Will.

- Further , a WILL can be made on a plain paper. No stamp paper , and no notarization/registration is required. But it is advisable to get the WILL registered , because in case of registered WILL transmission of properties becomes easy.

Further, registration of WILL even after death is possible, under section 40 of the Indian Registration Act.

- Since, you wife has left an unregistered WILL , then if there is no objection from any corner , then you can further execute a WILL in favour of your grown upon children , and registered the same to save them from future property disturbances. 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

He can’t prohibit you from proceeding ahead in this.

File a writ of mandamus and seek directions against the registrar.

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

On your wife demise apply for mutation of property in your name 

 

2) enclose consent of other legal heirs 

 

3) if no objections are received mutation would be done in your name 

 

4) you are at liberty to execute will bequeathing property to your children 

 

5) registration is optional 

Ajay Sethi
Advocate, Mumbai
94759 Answers
7541 Consultations

5.0 on 5.0

If the property is inherited on your name and all mutation papers are transferred on your name than kindly tell SRO that you are free to transfer this property. As per the Transfer of property Act.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

The registrar has no right to show his reluctance.   He has to register the  Will.   Ask him to reduce his reluctance in writing.  However,  you  can get registered  your Will  from any other office of Sub registrar. Contact a local lawyer and get it registered. 

 

 

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

File a writ before the high court.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Its not clear why the Registrar is not willing to register your Will. 

Probably since your wife is still alive and this Will predominantly deals with her property only the Registrar us hesitant. 

Rather camouflage the drafting of your Will by not specifically mentioning about your wife's property and state instead " all present and future property acquired by wealth or by inheritance ".

Devajyoti Barman
Advocate, Kolkata
22830 Answers
488 Consultations

5.0 on 5.0

The Registrar would be reluctant because of so many reasons of unregistered WILL which are as follows:- 

1- The WILL made by your wife in your favour for the immovable properties may not be self acquired property by her as per land records department. Your wife can make WIIL of self acquired property only.

2- The Will may not have signature of two independent witnesses. 

3-The WILL of your wife may have codicil which you have failed to produce 

4 The WILL of your wife may not have her LHTI corresponding to her signature. 


The WILL is illegal and invalid to proceed with.

No solution. 


Law of land does not recognize unlawful activities therefore sub- registrar office has rejected the document for execution due to your failure for mandatory due process of Law as Per Registration Act 1908 and Transfer of Property Act 1882.


Law of land does not recognize unlawful activities therefore sub- registrar office has rejected the document for execution due to your failure for mandatory due process of Law as Per Registration Act 1908 and Transfer of Property Act 1882.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

There is no necessity to get the Will registered.

You can write a Will as per law and can leave it to remain unregistered also, because that is also legally valid.

If you still insist in getting it registered, the ask the registrar to give it is in writing the reasons for not registering the Will.

After which you can prefer an appeal against it before the district registrar.

 

T Kalaiselvan
Advocate, Vellore
84954 Answers
2199 Consultations

5.0 on 5.0

File specific performance suit against the registrar for getting the registration done 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. A person who own's the property can only execute a WILL bequeathing his/her property to anyone.

2.  In the instant case, you have not updated the revenue records in the jurisdictional Corporation/Municipality, etc, of the property in your name. After your name is updated as Owner of the property in the revenue office, you can execute a WILL bequeathing the property to your grown-up children by executing a registered WILL.  However it may be noted that the registration of WILL is not compulsory.

3.  If after following the above procedure and still the Registrar's Office is refusing to register the WILL, ask them to give in writing the reason for refusal.

4.  You can take the help of a local Lawyer to resolve this issue.

Shashidhar S. Sastry
Advocate, Bangalore
5123 Answers
314 Consultations

5.0 on 5.0

1. FIRSTLY you would have to mutate /transfer all Property of Wife in your name consequent to which you shall become the absolute Title Owner of Wife's Property.

2. You can prepare your WILL, only IF the property Title stands in  your name.  Hence before mutation /transfer of Wife's property in your name, you will not be able to execute WILL for non-title property.

3. IF you still do not want to do above, THEN you can execute a registered "Family Settlement Family" with mutual consent signatures of yourself and all children, distributing property in their favor at ratio as maybe mutually agreed upon.  This will be Final, Irrefutable and non-challengable at the hands of recipient of property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can get the will done. You need to ask his objection in writing and then contest it

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear Sir/Madam,

You have not mentioned as to what's the reason of reluctance of Registrar's office. In any case, it is suggested that even the unregistered WILL serves the same purpose.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Client,

First get the property mutated in the name of you. After that you transfer the property to any one.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Will can be made at any time in the life of a person. There is no restriction on how many times a Will can be made by a testator. However, only the last Will made before his death is enforceable. A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Registrar office cannot refuse to register the will of property which is owned by you and it doesnt matter that property is inherited or self acquired.

2. You should make complaint to District collector of Cuddalore against registrar. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

the late wife's Will is not compulsorily registrable

the refusal of the registrar is completely ILLEGAL

Plz write to his senior

he has no business to refuse to register a Will

under law he is not even required to go into the contents of the Will

Yusuf Rampurawala
Advocate, Mumbai
7516 Answers
79 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer