Registration of Will
kalyani choudhury
(Querist) 27 November 2009
This query is : Resolved
My father-in law died recently leaving a will - The original copy is with a friend of his who is now in the US and we do not know when he will return.
Two carbon copies of the Will are with the two sons one of them with my husband who is the elder son the second copy with the younger son who is settled in Canada.
The Will is hand written and the carbon copy of the will is witnessed in original i.e. in ink by two witnesses who were my father-inlaws neighbours and friends.
The Will was made in Ajmer, Rajasthan and is dated july.,2007 and the two sons are residents of Delhi and Canada.
Is it possible for the elder son to get the carbon copy of the Will having original signatures of the two witnesses which are in ink ,Registered ? Is it possible to get it registered in Delhi ?
joyce
(Expert) 27 November 2009
The original will is to be registered by the executant or any of his trust worthy person or even a lawyer etc.., its operation starts after the death of executant. so ur husband has got the duplicate copy of it which cannot be made original by taking wittness signature, if u do that it is fraud on the part if challeged.you contact ur father-in-laws friend and ask him wether the will is registered, is in his custody or at registered office.
A V Vishal
(Expert) 27 November 2009
Rightly suggested by Joyce
niranjan
(Expert) 27 November 2009
After the death of the testator,the will cannot be got registered.So far carbon copy of will having original signatures of only witnesses but not of the executant,you cannot seek probate.But if you plead that original will is lost,you can prove the carbon copy as original.
n.k.sarin
(Expert) 27 November 2009
agree with joyce.
kalyani choudhury
(Querist) 28 November 2009
No signatures were taken by anyone on the will. The carbon copy of the will was discovered on the property in Ajmer in the personal effects of my husband's father. So there is no question of any fraud. I have forgotten to mention that the signature of my father-in-law is also in ink wth that of the two witneswses. We were in fact very surprised at this form of the will - carbon copy of the contents and original signatures of my father-in-law and the two witnesses.
Since the original will is with the person who has an american wife we do not know when or ever he will return. no one is aware of his adress abroad. In this case what do we do ?
Raj Kumar Makkad
(Expert) 28 November 2009
You can summon the duplicate copy from the office of the registrar wherein the aforesaid will was executed and can get the probate from competent court of law.
