Registered WILL
Surrender K Singal
(Querist) 15 May 2010
This query is : Resolved
How does it matter if the testator signs in Hindi while his / her Will is type written in English, while being duly registered.
Why is it necessary to wait for the probate even for Delhi properties being in the estate comprising of other properties in other metros?
Why can't the Bar Association or Bar Council suggest / recommend doing away with requirement of probate so as to bring the law at par as prevalent in smaller cities and towns, at least for registered Wills to save our judiciary from over-piling of Petitions?
Any aggrieved person can always take legal recourse to assert his claim and number of such suits may be only a fraction of the total probate cases pending / adding on in Indian Courts..
Raj Kumar Makkad
(Expert) 15 May 2010
Signature in any language can be made by testator and any of the witnesses on the registered will other than the language of will document.
law for metropolitan cities for getting the probate has been framed taking into consideration various facts into consideration and this is successfully going on since many decades. All disputes come to an end while getting probate over the registered will. Mere registration is not sufficient to establish the authenticity of will. Law Commission had given its finding and this provision was inserted in act after a thorough discussion in parliament. Bar associations and councils have very limited role to play in this matter.
adv. rajeev ( rajoo )
(Expert) 16 May 2010
Signature can be made in any language. I do agree with Raj Sir, that mere registration is not sufficient, even regd, will can be challenged
G. ARAVINTHAN
(Expert) 16 May 2010
Signature can be of any language...
Surrender K Singal
(Querist) 16 May 2010
Hindi signatures imply testetor's illiteracy in English--how would that affect genuinity of Will ? Any citations pls. ?
Uma parameswaran
(Expert) 16 May 2010
There is no restriction for signing language.We can see many eminent personalities using their mother tongue in their signature.It is not because of their ignorance in other languages.
Surrender K Singal
(Querist) 16 May 2010
But, what if the testator was ignorant of English, in which the Will is typewritten under her directions ?
