value of unregisterd will
Sarvesh Kumar Sharma Advocate
(Querist) 14 April 2009
This query is : Resolved
hi
a person is very ill,he is unable to walk and also now he is kept under medical trietment,and he want to make his will but he is unable to go to the ragistrar office and he can make his will on a plane paper. is plain paper will has value?
Y V Vishweshwar Rao
(Expert) 14 April 2009
The person can execute & Register the Will deed and the Sub Registrar will attend his Residnece on paymen of specified Fee, it would be proper in the given circumstances as he is ill and under medical treatment , it is better to keep a doctor present to certify the person is in sound state of mind and able to execute Will deed and his physical and mental condition is perfect- to execute the Will .
usaually the Will Deeds need no stamp duty and not required to be registered .
However the Will Deed attestation is of special nature , special care to be taken .
PRAKASHCHANDRA MARU
(Expert) 15 April 2009
i agree with the advice of the learned adv y v vishweshwar rao
N.K.Assumi
(Expert) 15 April 2009
I absolutely agree with Y.V.Vishweshwas Rao. In addition to that, in a Will there are two things for the Registrar and Sub Registrar. Deposit of will is made before the Registrar under section 42 of the Indian registration Act 1908.Depoasit of will is different from Registration. In Registration, the Sub registrar copies the documnet and gives it back to the person who had presented the document. On the other hand, when a will is deposited, the Registrar does not open the sealed Cover or copy its contents. After the formal entry, he keeps it with himself.
Neither Registration of Will, nor its deposit is mandatory. See section 41 to 46 of IRA 1908.
N.K.Assumi
(Expert) 15 April 2009
A will may also be written on any material and not necessarily on paper. The only requirement is that it must be:-
writing, signature of the Testator,attestation by at least two witnesses.
Y V Vishweshwar Rao
(Expert) 15 April 2009
Mr Assumi is correct
and i seek clairfication that ;-
Whethr a will Deed executed by X can also be registerd after the death of X -
please express your views !
N.K.Assumi
(Expert) 15 April 2009
Dear Sir.Raoji, after the death of the testator, I am of the view that not Registration, but probate proceedings will commence as per the Indian SUccession Act, 1925, which will Govern the proceedings.
Shashikant V. Patil
(Expert) 15 April 2009
I too agreed with the all views expressed by Ld. friends.
H. S. Thukral
(Expert) 15 April 2009
Section 40 of Indian Registration Act 1908
empowers the registration of a will or a gift deed after the death of testator or donor.
Section 40 reads as follows
The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration.
As per Section 41 it shall be registered in the same manner as any other document.
Sachin Bhatia
(Expert) 02 October 2009
The will made on plane paper attested with 2 witnesses is valid. If a person is ill and under medical treatment he can still execute & Register the Will and the Sub Registrar will attend his Residence.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 15 April 2009
