Valid WILL
Bharati
(Querist) 09 July 2018
This query is : Resolved
Which one is Valid WILL, earlier one with court registration or the later one with registered notary?
Ms.Usha Kapoor
(Expert) 10 July 2018
Will which registered through court or notarized bot are Valid.;
Dr J C Vashista
(Expert) 10 July 2018
Again another academic question, seek guidance of your tutor.
R.K Nanda
(Expert) 10 July 2018
Academic query.
rajeev sharma
(Expert) 10 July 2018
Will whether registered or notarized both are valid.
Ms.Usha Kapoor
(Expert) 11 July 2018
Which whether Registered or Notarized both are valid.
kavksatyanarayana
(Expert) 11 July 2018
Please disclose your identity. However, the last will whether registered or not come into force.
Ms.Usha Kapoor
(Expert) 12 July 2018
Academic query., No need to reply.
Kumar Doab
(Expert) 31 December 2018
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
Any WILL can be contested. Registered WILL is not easily set aside atleast on counts of authenticity.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by Testamentary succession/ inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally and comply with procedure.
