Hello sir , Earlier I asked about the GIFT DEED revocation unilaterally by my Father and he updated his name in property tax, utility etc., . Ashish sir suggested me to file a case against my father to claim the ownership , but I couldn't do against my father and left it to GOD and fate . Recently my father told me that he registered a WILL on my name in local sub-registrar office(with 2 known witnesses) to get the complete rights to me after him . Please tell me can anyone challenge the registered WILL ?. Is a registered will would be enough to claim the complete rights on properties?. Thanks, Naga
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1)your father has bequeaths property to you under will . if will is registeted and attested by 2 witnesses it would protect your interests
2) no doubt any legal heir can seek to challenge the will but if your father has had the will drafted by lawyer he would have taken adequate safeguards to make will fool proof
A will can be revoked by the testator at anytime during his lifetime. Registration of a will is only optional and not mandatory under the Indian law but probate should be sought if the property is situated in the city where probate is by law mandatory.
Can the registered WILL reflects in EC ?. The document was prepared by the authorized document writer himself a lawyer too. As I am in USA didn't see the document . Thanks , Naga Naga
1) will won't be reflected in EC
2) father can during his lifetime revoke the will
The registered will would not reflect in EC. It is maintained in the office of sub-registrar.
Hi, registered will will not appear in EC. Registered will is good enough to claim properties after demise of the maker. However the will should be probated in a court of law. Thecontents of will need not be scrutinised as the maker of will can modify/cancel the will anytime during his life time and only the last will of maker will need to be probated.
1. Registered gift deed can not be revoked unless the gift is conditional,
2. A registered will after registering a clean gift deed is invalid since the will of the property was registered by your father when he was not the title holder of the said property after transferring its title in your favour.
1. The EC should not mention about the will since the property was standing in your name when the said will was registered by your father,
2. However, if the said Will has been has been managed to be reflected in the EC, the same can be corrected by Court intervention later on by challenging it before the Court of law.
1. Even if a WILL is not registered it will be legally valid if the Testator is of sound mind at the time of executing and it is witnessed by 2 persons.
2.Even the registered WILL is open to challenge and is not fullproof.
3.Since the WILL takes effect after the death of the Testator, it will not be reflected in the EC.
Please tell me can anyone challenge the registered WILL ?. Is a registered will would be enough to claim the complete rights on properties?.
Bequeathing the property by a Will is a testamentary disposition of the same. Once the will is coming into force, if at all there is a challenge or anyone opposing it, you may apply for grant of probate of the registered will, since the will is a registered document, the probate can be easily granted.
Can the registered WILL reflects in EC ?. The document was prepared by the authorized document writer himself a lawyer too. As I am in USA didn't see the document .
No, it will not reflect in the EC. Though the will may contain the schedule of property, it is not a transfer of property as on the date of its registration hence there is no transaction of property as on the date o registration of will. Since the will can be changed or revoked anytime during the life time of the testator there is no question of encumbrance due to registration of will.