Jurisdiction of will
Surender Singh
(Querist) 07 May 2013
This query is : Resolved
Sir,
Kindly tell me where we have to register a WILL and also tell me provision/act where we can see the jurisdiction regarding registration of will.
can a Sub-Registrar of New Delhi (where testator resides) denies to register a will of property belongs to Mumbai ?
Raj Kumar Makkad
(Expert) 07 May 2013
This is a general law that the will shall be got registered before that registrar within whose area either of the properties of the testator is situated.
Advocate M.Bhadra
(Expert) 07 May 2013
Registration of a WILL is not compulsory,if the Testator want to register it then may be registered in any place or where the property is situated.
A Will is an important document whereby any living person can bequeath his accumulated wealth to other persons after his death. A Will becomes enforceable only after the death of the person who has made the Will. The person making the Will is known as the testator. In India, the law with regard to execution, attestation, revocation and interpretation of Wills is governed by the provisions of the Indian succession Act, 1925 in case of Hindus, Sikhs, Jains and Buddhists. Wills made by Muslims are governed by the Muslim Personal law.
Advocate Ravinder
(Expert) 07 May 2013
M.Bhadra sir, I think even the will relating to muslims are governed by Indian succession Act, 1925. Kindly clarify.
Devajyoti Barman
(Expert) 07 May 2013
The Will can be registered at the place where the testator is residing and not that where the property is situate.
R.K Nanda
(Expert) 07 May 2013
agree with experts.
Advocate Ravinder
(Expert) 07 May 2013
I agree with devjhothi barman. It is not a transfer of property of immovable property. The transfer of property will effect after the death of testator. Hence, place of execution of will is considered as place of registration.
Raj Kumar Makkad
(Expert) 07 May 2013
Thanks respected experts persuading me to re-think over my reply. I really overlook the matter of will. It can be got registered at any place of India or abroad.
