Will
santosh Pawar
(Querist) 19 May 2013
This query is : Resolved
Sir, My aunty who is unmarried, staying with us(age 59years) made a will of flat and bank balance in me & my fathers favor.During registration of will she faced one problem, the registration officer demanded a copy of I.D. proof of two witness to be attached to the will document. As one of the witness was out of station, their I.D.proof cannot be attached on the day of registration. As my aunty is old age, registration officer completed my aunty sign, thumb etc.but kept document pending for photo I.D. proof of witness. He kept document without his sign and scanning.After two days one page of two witness was added and a separate registration fee receit for that page was made showing the date after days, while will document when my aunty signed has registration fee receit of that day. Sir, looking at will shows two registration receit, one when my aunty signed document and other receit is of after two day when photo I.D.proof of page of two witness was added.
Sir, my question is whether two reg. receit will create doubt about will, as receit after two days for one page does not clarify for which page the that said receit was made.there is chance that my one my uncle may challenge the will.Please guide
We stay in Pune, Maharashtra.
ashutosh mishra
(Expert) 19 May 2013
To me a WILL is always a challengeable document by those who have chance to inherit had testator died intestate hence i advise you to get a fresh Will registered explaining all reasons.
Raj Kumar Makkad
(Expert) 19 May 2013
You have not mentioned whether your aunty is living or has expired. The advice of Mishra can be got implemented only if she is alive otherwise you need not worry as registration of the will otherwise is not necessary. Execution of will is sufficient in the given case until some other facts do come out from the side of your uncle.
ashutosh mishra
(Expert) 19 May 2013
Sir Makkad be kind enough to guide me at least in the case i face a circumstance posed here!!!!!
Raj Kumar Makkad
(Expert) 19 May 2013
+Mr. Mishra! so nice of you.
You had advised to get the re-registration of the will. I had opined that re-registration is possible only if the testator is alive. If she has already expired then this re-registration cannot be done on the part of the querist.
ashutosh mishra
(Expert) 19 May 2013
THANK YOU SIR!
It is so nice of you to listen welcome words from you to me.
Raj Kumar Makkad
(Expert) 19 May 2013
Mishra! These are not mere words rather is the feeling of the heart.
R.K Nanda
(Expert) 20 May 2013
no more to add.