Unregistered and disputed will

Querist : Anonymous (Querist) 30 October 2024 This query is : Resolved
Is there any Case Law on Unregistered And Disputed Will ? Whether Unregistered, Notarized will Can be challanged ? Whether survey officer can Reject Application for Registration Of Notarized Will ?

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T. Kalaiselvan, Advocate (Expert) 30 October 2024
Survey officer has nothing to do with the registration of a document, it is the registrar concerned to register the documents presented before him provided it has complied with the procedures of law.
The executor or someone claiming under the will can present the will to the Sub-Registrar or Registrar for registration
The registering officer must be satisfied that the testator is deceased, the will was executed by the testator, and the person presenting the will is entitled to do so.
A registered will is more easily accepted by courts and doesn't require a probate or letter of administration.
Section 41 of the Registration Act clarifies this position.

kavksatyanarayana (Expert) 30 October 2024
Yes. The surveyor has no authority to do registration of a Will. It shall be registered by the Sub Registrar concerned if it is properly executed and attested by two witnesses under Section 41 of the Registration Act.

Advocate Bhartesh goyal (Expert) 31 October 2024
Registration of will is optional and not compulsory. Will even registered can also be challenged for it's genuineness.

Sudhir Kumar, Advocate (Expert) 01 November 2024
please state the facts of the case .

P. Venu (Expert) 01 November 2024
Yes, post the material facts as well the context for the query.

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