registration of JOINT WILL
Querist :
Anonymous
(Querist) 28 July 2011
This query is : Resolved
My father is 82 years old and handicapped. Mother is also old and not keeping well. My father has made a WILL of his only property in my mothers name and after her death in the childrens name. Since my mother also wants to make same WILL. They went to sub-registrar office with great difficulty (being handicapped) and executed JOINT WILL. Now the subregistrar is verbally refusing to register the WILL saying that he has never registered a WILL of this type. The WILL was drafted by a lawyer but he is presently out of country. CAN ANYONE GUIDE ME WITH SOME document/law which I can show to sub-registrar.
Devajyoti Barman
(Expert) 28 July 2011
The Registrar is very much right.
The law of the land is yet to recognise such Will which you or your parents are contemplating.
They need to execute two separate Will which may well be registered in home.
However you may know that the registration of Will is not at all compulsory.
A V Vishal
(Expert) 28 July 2011
Will operates and can be enforced only upon the death of the testator. In your case your father has willed his property to your mother. Hence there is no transfer of right in the property from the father to the mother, hence the joint will as such is invalid. Only your father can execute the will. However, if there are any property which is acquired by your mother she can will it jointly along with your father or separately/individually.
Advocate Rajkumarlaxman
(Expert) 28 July 2011
When the father is expressingly stating in his will that after the death of the mother the proiperty will go the children then there is no necessity to make separate will of the mother. if she has in her name i=any other self acquired property then in that case she has to make will for that purpose as far as the property stated in the fathers will is consent it is not necessary . i fell. Fathers indiviaul will can work out the purpose.
M/s. Y-not legal services
(Expert) 29 July 2011
Yes. My question also the same. Whats the purpose of your father's will to your mom name. Subsequently she wants to make will to children's name. Better your father can be make will to childrens directly.
M/s. Y-not legal services
(Expert) 29 July 2011
Then the prepared person is avail or not. Its not compel to his appearance while the registration. The witness should be must appeared.
R.Ramachandran
(Expert) 29 July 2011
Dear Mr. Tom,
It is easy to suggest that the father should make the will directly in favour of the children. As husband, he is concerned that after his death his wife should also be taken care of during her life time. How he will ensure that if he makes the will of his property directly in favour of his children. Therefore, we have to confine ourselves to the query whether joint will as contemplated here is permissible or not especially when the mother does not own any property of her own as yet.
R.Ramachandran
(Expert) 29 July 2011
Joint will is one whereby two or more persons agree to make a conjoint will. But the essential condition for making such a joint will is that it is bequeathing of a property which he is entitled to bequeath. In other words, a joint will can be made only if the properties are standing in their individual names.
In the instant case, the wife (mother) is not having any property of her own as of now. Therefore, the question of both father and mother executing any JOINT WILL does not at all arise and the Registrar is absolutely right in refusing to register such a misconceived will.
My sincere, serious and repeated request to Mr. Ajay Bansal: he should either give his views on the query, or stop from giving such unusable advices like "See A.I.R. Manuals."
THANKACHAN V P
(Expert) 31 July 2011
Joint will is possible. But if the mother does not have any property of her own, Joint will is not possible.
2004 (1) KLT SN 13 (C.No. 14)
Hon'ble Kum. Justice A. Lekshmikutty
Rugmini Amma v. Pankajakshan
A.S. No.480 of 1996
13.11.2003
Will - Joint Will in a single document - Cannot be regarded as a single will - On the death of the testator operates as his will - Surviving testator cannot modify or cancel the will regarding the bequest of the deceased testator - Intention of the parties is to be looked into.
Joint will can validly be made by two persons. A joint will made by two or more testators contained in a single document duly executed by each testator, disposing either of their separate properties or of their joint properties cannot be recognised as a single will and it operates on the death of each testator as his will imposing of his own separate property and is in effect two wills. There is also recital to the effect that the testator have the right to modify the will or cancel the same. But it does not authorise the surviving testator to modify or cancel the will after the death of one of them regarding the bequest of deceased testator. The intention of the parties is to be looked into.
K.T. Sankaran, Preethy Karunakaran, M. Rajesh Kormath,
Anish S. Ambady, Bijimol Jose & Sanjana R. Nair For Appellants
N.C. Joseph For Respondent
1959 KLT 9 (SC)
Before Mr. Justice T.L. Venkatarama Ayyar, Mr. Justice P.B. Gajendragadkar &
Mr. Justice A.K. Sarkar
Kochu Govindan Kaimal v. Lakshmi Amma
Civil Appeals Nos. 5 and 6 of 1955.
Decided. 1st October, 1958.
Will - Joint will by three executants - Devolution of properties.
A joint will made by two or more testators contained in a single document duly executed by each testator, disposing either of their separate properties or of their joint property cannot be recognised as a single will. It operates on the death of each testator as his will disposing of his own separate property and is in effect two or more wills. Each of them would have been entitled to execute a will of his or her properties, and if that had been done, the legatees named therein would undoubtedly have been entitled to those properties. In the present case the legatees who were intended to take were the same persons and it was for that reason that the three testators instead of each executing a separate will jointly executed it. On the death of each testator the legatees would be entitled to the properties of the testator who dies. It cannot be said that the three testators became joint owners of the properties and the surviving testator is not entitled to the properties on the death of the other testators.
B.K.B. Naidu For Appellants
V. Karunakara Menon and M.R. Krishna Pillai For Respondents
THANKACHAN V P
(Expert) 31 July 2011
I too agree with RR.Advising common people to refer AIR manuals is not fair.
