Can an unregistered will be ratified by other legal heirs?
Sunlawseeker
(Querist) 07 December 2016
This query is : Resolved
Dear Advocates!
In a case, A mother executed an unregistered WILL in favour of one of her legal heir.
Query?
Can the unregistered will be ratified by other legal heirs through a registered ratification deed?
Guest
(Expert) 08 December 2016
In the Case of Wills Whether Registered Or Not The Will which is Recent Only would be Legally Valid Subject to it has to be Probated.A Person who Executes the Will could Keep Changing it any number of time he Prefers during his Life Time.
Kumar Doab
(Expert) 08 December 2016
The last WILL should prevail.
Probably the query is for WILL by a Muslim.
Muslim law recognizes that persons may leave behind a will, but a will (unless ratified by all the heirs of the person leaving behind the will) is valid only to the extent of one-third of the deceased's property.
Kumar Doab
(Expert) 08 December 2016
Once the WILL is submitted to authority under whose jurisdiction estate falls, for transferring the estate narrated in WILL, A no-objection certificate from the other heirs is also required in case of multiple heirs.
Guest
(Expert) 08 December 2016
Obviously A WIll has to be Probated in Court to Legally Enforce It.
R.K Nanda
(Expert) 08 December 2016
Can the unregistered will be ratified by other legal heirs through a registered ratification deed?
Answer:no.
Rajendra K Goyal
(Expert) 08 December 2016
Registered or unregistered latest will will prevail.
Only executor can change will, Legal heirs can not change or rectify a will.
Rajendra K Goyal
(Expert) 08 December 2016
sorry, it was an Academic query.
State material facts of the problem if any.
How are you concerned with the query?
Kumar Doab
(Expert) 08 December 2016
Dear Mr. Goyal,
Rectification is not the query.
Ratification.....
Agreed with you that material facts may be posted by author.
Rajendra K Goyal
(Expert) 08 December 2016
Expert Kumar Doab,
Thanks for pointing out / correcting.
Kumar Doab
(Expert) 08 December 2016
Dear Mr. Goyal,
You are welcome.
Hemant Agarwal
(Expert) 08 December 2016
A LITTLE STRATEGIC TWIST:
1. The will /testamentary of the deceased person can be challenged ONLY by the legal heirs /beneficiaries. Further the chief purpose of a will /testamentary document is to ensure the bequeathing of the property rights to the legal heirs /beneficiaries.
2. In the QUERY instant, IF the mother has expired, THEN the unregistered will CANNOT be " ratified by other legal heirs through a registered ratification deed ". INSTEAD CONSIDER FOLLOWING:
3. With a little Strategic Twist and respective clauses, a duly stamped duty paid and registered "Family Settlement Deed" .OR. a "Relinquishment Deed", can be executed by "ALL" the legal heirs /beneficiaries, to transfer the property to a selected legal heir /beneficiary or to multiple legal heirs /beneficiary. The aforementioned Deed shall be legally enforceable for all legal purposes and would legally by-pass the criteria of will registration or probate or whatever.
4. Due to point no. 1, 2, 3 (above), legally and effectively, the clauses of the deceased's will can be set aside, more specifically due to point no. 1 (above).
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 08 December 2016
What Mr.Hemant Agarwal is Trying to Say with A SELF MADE Title of " A LITTLE STRATEGIC TWIST" to the POST of Him self is some thing with No Legal Stands and With Self Appreciation.
Guest
(Expert) 08 December 2016
Can the Un Registered will be Ratified by Other Legal Heirs thro A Registered Ratification Deed that is the Query/Question of the Author.
Guest
(Expert) 08 December 2016
A Simple Answer as Posted by Senior Expert Mr.R.K.Nanda It is "NO"
Guest
(Expert) 08 December 2016
Mr.Hemant Agarwal should mind his words while in the Forum of Learned Advocates.
J K Agrawal
(Expert) 09 December 2016
Resp Nanda Sahib given a simple answer which is correct.
In fact the query is not clear so we all are confused.
If all the heirs are agree upon some change, they are free to do that, who is objecting them?
P. Venu
(Expert) 09 December 2016
Please state the material facts.
Kumar Doab
(Expert) 09 December 2016
The author has not replied.
Is the WILL by a deceased Muslim owner?
Is it that NOC is wanted by the authority from many legal heirs?
Rajendra K Goyal
(Expert) 09 December 2016
Reply to the questions from author still awaited.
Anish Thakur 7018812737
(Expert) 08 December 2016
