Will and registeration...
Querist :
Anonymous
(Querist) 01 February 2011
This query is : Resolved
My mother has made a will but as she is not well she cant go to the registrars office to register the will.
Will this Will be a valid Will.
Should i get the Will notarized, will it be better then no registration of the Will.
Arvind Singh Chauhan
(Expert) 01 February 2011
In some states there is a provision of registering the document at home after depositing official expenses. Registering authorities goes to the home and register.
Otherwise registration of will is not compulsory. It may be notarized, even will on a plane paper is legal if it is attested with two witnesses.
Querist :
Anonymous
(Querist) 01 February 2011
Will a Notarized Will be better then no registration of a Will .. thank you.
A V Vishal
(Expert) 01 February 2011
In law there is no mandate for registration of will, registration is voluntarily. A registered will/notarised will is open to and can be disputed as a unregistered will.
Querist :
Anonymous
(Querist) 01 February 2011
I agree but is a Notarized Will better then an non registered Will...
Devajyoti Barman
(Expert) 01 February 2011
An unregistered Will as good as a registered or a notarised Will if attested by two witnesses.
A. A. JOSE
(Expert) 02 February 2011
Absolutely right, there is no legal requirement either for registration or for notarisation of a WILL. A properly made WILL duly duly attested by two Attesting Witnesses is the only legal requirement. Notarisation/Registration or making of WILL on Non-Judicial Stamp Paper,etc., are unnecessarily advised by self interested experts to safeguard their own commercial interests. Under the law, WILL made on mere plain paper is valid. Further, irrespective of notorisation/registration/stamp paper execution or plain paper execution, no WILL is free from challenge or dispute by interested parties if valid grounds are available to them for the same.
Ashok Yadav
(Expert) 02 February 2011
An unregistered Will is better then a notarised Will. When you will go to a Notary to get it attested by him, he will read the Will and he can use it against you.
It is better to keep it plain un-notarised.
V.Mahadevan
(Expert) 02 February 2011
A WILL reflecting the intention of the testator, in order to be effective, needs to be signed by the testator and attested by two witnesses.
Registration of a WILL is not compulsory.
Non registration does not lead to any infirmity.Registration does not confer any sanctity to the WILL.If registered by the testator himself the WILL gains evidential value.
A WILL, even if notarised, could be subject to challenge.
Querist :
Anonymous
(Querist) 02 February 2011
I understand that a Regd. Will or a Notarized will and an un registered Will are all the same.
But during the time of probate a Regd. Will will be better as it would reveal that the testator himself came before the Registrar and the Will is not drafted after the death of the testator.
Similarly a notarized Will will also reveal the fact that the Will was signed before the death of the testator as it was Notarized on a particular date and it is not an after thought after the death of the testator.
thanks...
Swathi S Bhat
(Expert) 02 February 2011
Sir,
The registration of will is not mandatory under the law. If it is registered, you will be fully secured. Finally you have to decide b/c you know the nature of your family members.
Querist :
Anonymous
(Querist) 02 February 2011
Thanks a ton to everybody ...
I have understood since yesterdy that the Regd. of the Will is not mandatory ....
Plsssss thanks a lots for the information again but my question is -
I understand that a Regd. Will or a Notarized will and an un registered Will are all the same.
But during the time of probate a Regd. Will will be better as it would reveal that the testator himself came before the Registrar and the Will is not drafted after the death of the testator.
Similarly a notarized Will will also reveal the fact that the Will was signed before the death of the testator as it was Notarized on a particular date and it is not an after thought after the death of the testator.
thanks...
H.M.Patnaik
(Expert) 04 February 2011
Well said Mr. Mahadevan & friends.
