WILL, NOTARIZED DOCUMENT
jach000019
(Querist) 25 April 2009
This query is : Resolved
(1) UP TO HOW AMNY YEARS WILL CAN BE CHELLANGED?
(2) WHAT IS THE VALUE OF A NOTARIZED EXECUTED CONSENT FOR THE WILL IS IN THE EYES OF LAW?
(3)ALL THE PROPERTY OF THE WILL IS DISTRIBUTED AMONG THE BENEFICIARIES STILL THE PROBATE OF THE WILL IS NECESSARY?
(4)BENEFICIERIES OF THE WILL CAN CHELLANGE THE WILL AFTER TAKING HIS DISTRIBUTION?
adv. rajeev ( rajoo )
(Expert) 25 April 2009
To challenge decalration suit is must, limitation is 3 years.
Notarized will is no valuem because a will executed by person can registar or not, both have got same value.
When will is distributed to beneficiares, then it is not necessary to obtin the probate of the will.
In case of any suspicious about the document it can be cahllenged.
Y V Vishweshwar Rao
(Expert) 25 April 2009
1- As per the query the proeprties under the Will deed are distibuted and the beificieries are not disputing the Will
2- A Will Deed Need Not be Registered
3- There is no rule, that the Notary attested Will Deed, is not valid , the Validity of the Will Deed depends on the proper execution and proper attestion of wittnesses .
4- Once the properties are distributed among the benificiaries, accordign to the Will deed , there is no need to obtain probate
5- Who are disputing the Will deed is not mentioned !
with regards !
Yash
(Expert) 26 April 2009
1. Limitation is three years. However, one can challenge the same within 3 years of his own knowledge about the will. Although, more the delay in challenging the same, weaker the claim would be.
2. Notarised will is comparatively easier to prove than a simple will. Moreover, it has a benefit of presumption of correctness to some extent under the Evidence Act. Burden to prove its falsity or execution lies on the party challenging it if is shown satisfactorily that it is properly notarised.
3. If no objections are taken from any party, it settles the matter at rest though it is advisable to get the probate if it is required in terms of the Indian Succession Act.
4. Mr. Rao, the person questioning has clearly mentioned that "beneficiaries" !! I don't think that they can challenge. At least principle of Estopple applies against them.
Neeraj Arora (9897136755)
(Expert) 27 April 2009
Registration of will is not compelsory.
I also agree with the view of my friends.
