Will registration

kum (Querist) 15 November 2011 This query is : Resolved
is it a must to register a will?? What will happen if unaccounted properties (black property)are included in the will??

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Sailesh Kumar Shah (Expert) 15 November 2011
is it a must to register a will?
Answer: there is no requirement to register WILL. However, if Agricultural Land situated at UP, then it is mandatory.

What will happen if unaccounted properties (black property)are included in the will?

Answer: property would be acquired without paying single penny by concerned government department on after its knowledge.

Devajyoti Barman (Expert) 15 November 2011
It is not mandatory to register a Will. However in case there is a dispute at the time of its Probate the registered Will is easier to prove its authenticity.

What do you mean by black property? Is it benami? The testator can include only those properties which are standing in his name irrespective of the source of money.
If there are other properties which though purchased by him only but not in his name , those can not be included in the Will.

Shonee Kapoor (Expert) 15 November 2011
1. Will is not a compulsorily registered document. However various state governments are mooting proposals for mandatory registration of will.

2. REgistered will have no benefits as of today over unregistered will, but as the fee is not much, a document safe in government offices is better than one lying at home.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Rajeev Kumar (Expert) 15 November 2011
I agree with the view of mr. Shah and Barman

kum (Querist) 15 November 2011
@ Mr.Devajyoti Barman
unaccounted property meaning those not shown to income tax dept, but in the name of the concerned person(testator) only.(Just a hypothetical question, please donot assume I own black money ha ha ha).

Sailesh Kumar Shah (Expert) 15 November 2011
How can it possible?

Rajeev Kumar (Expert) 15 November 2011
How it is possible

Raj Kumar Makkad (Expert) 15 November 2011
There is no legal hurdle to include all such properties by testator in his will which though are owned by him but have not been shown in income tax return. Liability of income tax has no direct bearing upon the will. Registration is better than unregistered will.

Arun Kumar Bhagat (Expert) 20 November 2011
Agree with Mr. Makkad.

Guest (Expert) 21 November 2011
I agree with S/Shri Devajyoti, Shailesh Shah and also with answer of Shri Makkad on your clarification.

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