Effect of registered will ....with some property from an unregistered will...
raokn
(Querist) 29 January 2016
This query is : Resolved
Respected sirs,
My father executed a Proper and valid WILL but unregistered.
My father expired in 2014 and now my mother wants to execute a "WILL" where one of the properties mentioned in my mother's "Will" passed on to her through my father's unregistered "Will".
Now the question is-
If we register my mother's Will now(as she wants to execute and register),will such properties distributed by my mother which passed to her through my father's unregistered Will,get legal recognition in favour of whom they are distributed , in the distant future,as and when mother's "Will"comes into effect?
Yes it will be clearly mentioned in my mother's "Will" about the unregistered status of my father's "Will",for the properties that passed to her through my father.
rajagopal.s
(Expert) 29 January 2016
Hi
First you need to get your father's will probated in the court.
Once your father's will gets probated, then only you and your mother will get undisputable ownership of your father's properties.
Your mother can write a will any time at her convenience. She can write a will even if your father's will is not probated. She can write a will on whatsover properties she is the current owner or even the properties that are in her possession(your father's properties that she is in possession of as a legal heir of your father) can also be willed.
She does not need to wait for the probation of your father's will. She can say all that properties that she has become owner thereof on account of your father's will and there after write her own will.
Rajendra K Goyal
(Expert) 29 January 2016
Will need not be registered.
Your mother can bequeath a will.
If there is any counter claim on the property of your father / threat of challenge get the will of your father probated.
Kumar Doab
(Expert) 29 January 2016
A properly executed WILL is valid.
It is not mandatory to register the WILL.
Except in presidential cities it is not mandatory to probate the WILL.
Although once probated the WILL bears the stamp and approval of court and attains finality.
Produce the WILL of father to authority under whose jurisdiction the property mentioned in the WILL falls and get the property mutated in the name of beneficiary (mother).
Thus your mother shall attain the status of owner.
Your mother can leave a WILL for property/estate that she owns.
Your mother can register the WILL.
A registered WILL fetches more reliance.
