Will registration
VISHAL
(Querist) 04 March 2014
This query is : Resolved
hi,we have a property/land located on mumbai -goa road in indapur-taluka mangaon,district raigad & the property is undr my fathers and his sisters name and now we are going to make relinquish deed/gift deed. my fathers sister is overaged at 80 so she wont be able to make to the registerer office at mangaon so can we make a will document ? can will document gets registered here in mumbai?
R.V.RAO
(Expert) 04 March 2014
sections 42 to 45 of Registration act 1908 are reproduced below.
sec 42 says any testator or his aut.agent can deposit will with egistrar.
42. Deposit of Wills
Any testator may, either personally or by duly authorized agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.
43. Procedure on deposit of Wills
(1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No.5 the superscription aforesaid, and shall not in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fireproof box.
44. Withdrawal of sealed cover deposited under section 42
If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorized agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.
45. Proceedings on death of depositor
(1) If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the applicant's expense, cause the contents thereof to be copied into his Book No.3.
(2) When such copy has been made, the Registrar shall re-deposit the original will.
sourceL:http://www.advocatekhoj.com/library/bareacts/registration/
Guest
(Expert) 04 March 2014
Well advised by Expert Shri R.V.Rao ji.Still in certain circumstances The Registrar would be kind enough to visit the premises for Registration if convinced.You could meet the Registrar personally for this.
Rajendra K Goyal
(Expert) 04 March 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Relinquishing-deed-gifft-deed-456766.asp#.UxVsT4VRx3A
http://www.lawyersclubindia.com/experts/Relinquishing-deed-gifft-deed-457076.asp#.UxVsboVRx3A
R.K Nanda
(Expert) 04 March 2014
repeated query.
T. Kalaiselvan, Advocate
(Expert) 04 March 2014
Besides Mr. R.V. Rao's opinion and suggestion, Mr. NJSR's view is also agreed upon. If the situation necessitates, the registrar on payment of the prescribed fee for the purpose, will visit the testator's house/place and register the same or follow the prescribed procedure laid out for the purpose.
R.V.RAO
(Expert) 05 March 2014
Thanks.sri rajkumarji, SRI jaggaraoji and Thiru kalaisevanji
