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Sarvji   19 July 2023

Notarized will

Sir, my father and me was living in Delhi. Before his death, my father made a notarized Will in favor of my wife with the help of 2 witnesses in Delhi for agricultural land which is situated in Uttar Pradesh. This agricultural land was given to someone on the patta. My wife is a proper Delhi resident. will this 'WILL' be accepted in uttar pradesh?



Learning

 16 Replies

Mr. Sumitra kumar (Advocate)     19 July 2023

@Querist

"Will is a Will." What does it have to do with place? 

Thank you.

Sarvji   19 July 2023

I think you need to get more information. The place does matter when you deal with  'Notarized WILL'.
Please See: 
The Uttar Pradesh Zamindari Abolition And land Reforms (Amendment) Act, 2004 Section 169 of the principal Act, In subsection(3)

T. Kalaiselvan, Advocate (Advocate)     20 July 2023

Yes, this Will is valid and she can enforce the same and acquire the physical possession of the property bequeathed through the Will.

Mr. Sumitra kumar (Advocate)     20 July 2023

@Sarvji, You and people like you deserve no free reply. Your language is insulting and patronizing. 

 

Thank you.

Dr. J C Vashista (Advocate )     20 July 2023

It is valid and require to be proved if some LR of deceased raises any objection.

Avoid use of such offending language 

Real Soul.... (LEGAL)     20 July 2023

Originally posted by : Sarvji

I think you need to get more information. The place does matter when you deal with  'Notarized WILL'.Please See: The Uttar Pradesh Zamindari Abolition And land Reforms (Amendment) Act, 2004 Section 169 of the principal Act, In subsection(3)

When you have a damn grubby knwoledge why would you jingle here for fun. 

Advocate Bhartesh goyal (advocate)     20 July 2023

Will is perfectly valid  and enforceable. 

Sarvji   20 July 2023

No sir, I have no such intention and I do not believe in liking this kind of attitude. I apologize if you feel that way. Maybe this happened due to a lack of knowledge of the language. i could not select the right word. So please don't mind it.

Mr. Sumitra kumar (Advocate)     20 July 2023

@Querist,

Since you apologize, I accept your apology.

 

"Will is a will."

 

Now question should have been about the requirement of registration.

The section you referred to is only about it's registration. So get it registered at registering office having jurisdiction. Since it was a statutory requirement to get it attested by two persons which was later amended to get it registered also. Ideally, it shouldn't have been the case but that is not your concern unless challenged in a constitutional court.

 

So get it registered there.

 

Thank you.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 July 2023

A will is recognized as a legally valid document as per the Indian Succession Act of 1925. Any individual over the age of 18 years who is mentally competent has the legal right to prepare this document for the distribution of assets and possessions.

Sarvji   20 July 2023

Please forgive me if you find anything wrong. This may have happened due to a lack of language knowledge.
Sir, my village is under Chakbandi (somewhere also called Jamabandi). I gave a copy of the 'Will' to the Chakbandi Lekhpal. After a few days, I received notice to appear in the C.O. court (Chakbandi). My wife and I appeared before the CO Court (Chakbandi) there. Only then I got information that my eldest brother has objected. We are four brothers. The other two brothers have no objection. The elder brother had already got more property in his name than his father by cheating. My wife and I served our parents for the last 20 years. He never spent even a single rupee in the service of his parents.


His lawyer has cited The Uttar Pradesh Zamindari Abolition And Land Reforms (Amendment) Act, 2004 Section 169 of the principal Act, In subsection (3) saying that this will is not registered so this 'will' should be rejected. He also referred to a judgment:-
Allahabad High Court
Jahan Singh vs State Of U.P. And 4 Others on 18 May 2017
Bench: Sunita Agarwal
  My lawyer has told me that at present he has nothing to defend this act. He will try his best.

Mr. Sumitra kumar (Advocate)     20 July 2023

@Querist,

You have to contest it now before the concerned authority. Since I don't advise free of cost in litigation matters, but I in accodance to my declaration, my substantive advice is that non-registration will have effect only over it's evidentiary value. 

 

If you or your lawyer wants further advice, you must pay and you should do it morally or ethically.

Thank you.

Shashi Dhara   21 July 2023

If anyone challenges then they has to prove in court of law as the will is genuine and legally enforceable .

N.K.Assumi (Advocate)     22 July 2023

I would say this is much ado about nothing.


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