Will deed
satyennsinha@yahoo.com
(Querist) 22 August 2013
This query is : Resolved
Sir/Sirs
I have a willdeed in which the Owner of the property has bequeathed his property comprising of 2.5 acres out of 7.5 acres in the name of his caretaker who are not his blood relation, on 06/08/1997 and died thereafter in the year 1998. I want to know is the will deed valid in a court of law and wether the care taker can stake claim on the said land. wether the will deed has to be registered. The will deed is on a hundred rupee stamp paper with sign of two witnesses who are alive. please guide.
with regards
Satyenn Sinha.
ajay sethi
(Expert) 22 August 2013
no will is not required to be registered . will is valid . better insist on caretaker obtaining probate before purchasing the said property
Rajendra K Goyal
(Expert) 22 August 2013
Will deed need not be registered. Get it probated. Caretaker can get his share in the property.
prabhakar singh
(Expert) 22 August 2013
WILL DEED CAN BE EVEN ON PLAIN PAPER,NO REGISTRATION REQUIRED.IT NEEDS TO BE PROVED
AND PROBATED OR APPLY FOR LETTER OF ADMINISTRATION IF NO EXECUTOR APPOINTED IN THE WILL.
satyennsinha@yahoo.com
(Querist) 25 August 2013
Thanks a lot shri Prabhakar singhji,Shri Ajay Sethi,Shri Rajendra K Goyalji, for your valuable advice and suggestions. can you please elaborate on how do I obtain probate of the the Will Deed or get Letter of Administration
prabhakar singh
(Expert) 25 August 2013
The jurisdiction is concurrent and vests in District Judge as well as in High Court.
Provisions contained in PART IX: PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED of the Indian Succession Act, 1925 are to be followed.
For text of Act go on the following page:
http://www.lawzonline.com/bareacts/indian-succession-act/indian-succession-act03.html
See a lawyer in person now.
