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My fathers will

(Querist) 07 September 2015 This query is : Resolved 
Dear Sir,

We do not know if my father has made a will. As far as I know, he was a very systematic person.

My father expired last year.

We did not get information from anyone who might have custody of the will - if at all.

We did not ask anyone till now proactively.

One way is something like we should get Register of Wills searched - is this right - if it is registered.

Otherwise, what procedure should we follow

Your help in this regard will be fully appreciated
Guest (Expert) 07 September 2015
Consult your Advocate and First apply for Legal Heir Certificate and Letter of administration.
Prakash (Querist) 07 September 2015
If we consult the advocate, will he first check the Register of Wills ?
Guest (Expert) 07 September 2015
Only Place to check Is Registrar Office which you could do it your self with the details of your property, documents etc.
Prakash (Querist) 07 September 2015
If we consult the advocate, will he first check the Register of Wills ?
Prakash (Querist) 07 September 2015
Is it risky to do to any lawyer on this subject, especially if he comes to know that the will is not traceable, or will is not made ?

Do you think there are registered law firms who do a professional service on this in PUne
Guest (Expert) 07 September 2015
Visit the Pune Court Please
Sudhir Kumar, Advocate (Expert) 08 September 2015
you are asking questions which have no relevance to interpretation of any law.

Registrar Office cannot be expected to have a record of all WIlls in the area even if these are not registered.

How are you sure that your father's will if made will be registered in Pune only. Each tehsil has a Registrar Office.

when you apply for succession certificate then any of the noticee having any will will come to oppose the same and you will have copy of the Will.


One one hand you say your father to be a systematic personal and you expect him to make a Will and keep it secret.
Sudhir Kumar, Advocate (Expert) 08 September 2015
not understood what do you mean

"Is it risky to do to any lawyer on this subject, especially if he comes to know that the will is not traceable, or will is not made ?

what does a lawyer gain by this knowledge?
Anirudh (Expert) 08 September 2015
Dear Mr. Prakash,

Unfortunately you seem to be interested in introducing high suspense in a matter where there seems to be none.

First indicate who are the legal heirs of your late father.

In the absence of any WILL, the property will go equally by way of inheritence to all his class-i heirs.

Call all the heirs, discuss about partition. In case anyone has any will in their possession, it will come out in the open. Otherwise go with partition, if that is what you desire.
Rajendra K Goyal (Expert) 08 September 2015
Agree with the expert Anirudh.
malipeddi jaggarao (Expert) 08 September 2015
I too agree with the experts Mr.Sudhir Kumar and Mr.Anirudh. Your query is based on assumptions.


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