Srinivas.B.S.S.T ( Advocate) 08 June 2008

will-effect of non-registration

if a person after execution of will dies before registration of the same. What is the impact of non-registration of that will. Can the beneficiary of such will prove his rights through the unregistered will?

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9 Replies

jatinder prashar (advocate) 08 June 2008

will is testamony of a person who dies inestate and leave behind property of his owne or his share .there is no such law that a will should be regiatered , a will can be on a plain paper having two attesting wetness, a will may me oral also .but when a will is registerd i it has more presumtative value and it is eary to prove .benificery can prove the unregistered will the help of two attesting witness how had seen the executor of the wii executing the will in there presence

GOPI KRISHNA (ADVOCATE) 08 June 2008

will need not be registered, only thig it should satisfies the required ingridiants of will.

Srinivas.B.S.S.T ( Advocate) 09 June 2008

Thanks for your views i do also agree with them but when i presented the will to claim the jewels put under gold loan pertaining to my father the bank manager rejected the same citing that the will is unregistered on and can not be looked into what shall i do?

Manish Singh (Advocate) 09 June 2008

will need not be registered and that bank manager is not authorised to raise any objection over the will . only interested parties whose rights are goin to be affected can object on the will.

ask the manager whther he had got any objection from some other party over that will.

if there is any objection on the validity, go to your civil court and probate th e will

arunprakaash.m. (advocate) 09 June 2008

non registration of does not nullify the validity of the will. it is still valid in law.

kashi nath shukla (advocate, ) 09 June 2008

kindly file an application before district judge to obtain a succession certificate under indian succession act .

Ajay kumar singh (Advocate) 10 June 2008

The Bank Manager can not raise objection on the ground of non-registration of the WILL but he can deny the delivery of goods as the WILL is unprobated.

arunprakaash.m. (advocate) 10 June 2008

you apply for probate of the will. and also apply for succession certificate. practically legal heir certificste given by revenue authorities is enough to do your work.

yadagiri (LL.M) 13 June 2008

Legal heir ceriticate issued by the concerned Mandal Revenue Officer is enough other wise u can file a suit for legal heirs before the concerned civil court.