Legal effect of unregistered will
gourav
(Querist) 05 August 2012
This query is : Resolved
Dear`Sir,My friend has unregistered will in his favour made by his father in 2003 and died in 2004. He has four sisters who have no objection in the said will. He has got all other property in his name except share of his father in a shop allotted by HUDA authority. The Authority say that will should be registered one before death of the testator or court order should be brought in Declaratory suit. What is best legal course. Kindly guide.
Adv.R.P.Chugh
(Expert) 05 August 2012
I am amazed at Huda's insistence on a registered will or a court decree. A will is not required to be registered. If the beneficiary under the will your friend - has no threat from anybody challenging the will- then seek a probate and end matters once an for all.
R.K Nanda
(Expert) 05 August 2012
Get a Probate of will from civil court.
ajay sethi
(Expert) 05 August 2012
registration of will is optional not mandatory requirement .
in case HUDA is refusing to transfer the property as it doubts the genuine ness of the will apply for probate . it is judicial proof of geunine ness of will
gourav
(Querist) 07 August 2012
Thanks experts. Kindly tell is there any limitation for filing probate petition as will was made in year 2003.
ajay sethi
(Expert) 07 August 2012
it should preferably be made within period of 3 years . however you can even now make application for probate
