Unregistered will
Dilip Verma
(Querist) 02 October 2015
This query is : Resolved
Sir,
My Mother and Father own a shop at Thane Maharashtra my mother is 1st Holder & My Father was 2nd holder,, As my Father being 2nd holder of the shop has expired and left a Will in my name but the will is not Registered and it is hand written on stamp Paper and Notarized by Advocate.. Can i still claim my Fathers share of shop as he was being the 2nd holder of the shop or is there any other way
P. Venu
(Expert) 03 October 2015
There is no legal necessity that a Will be regisered.
Guest
(Expert) 03 October 2015
First You Should complete the Procedure of Probating the Will in the Court.Consult A Local Good Advocate.
Rajendra K Goyal
(Expert) 03 October 2015
Will need not be registered. It should be signed by the witness. You can claim your father's share in the property.
K.S.Srinivas
(Expert) 03 October 2015
Yes, you can claim your father's share of the shop.
Guest
(Expert) 03 October 2015
The Will has to be First Probated In Court to Implement the Rights.
Kumar Doab
(Expert) 03 October 2015
If the WILL is valid you can effect it.If there is no cloud and contest it shall be effected.
In Bombay it is mandatory to probate the WILL.You may check it for Thane.
The authority under whose jurisdiction the shop falls e.g. MC, usually have a simple procedure to transfer the title as per WILL and may ask for signature of other ClassI legal heirs/newspaper advertisement.
You may check with the authority.
P. Venu
(Expert) 03 October 2015
Thane is not part of Mumbai, rather beyond the Original Jurisdiction of High Court of Bombay.
Rajendra K Goyal
(Expert) 03 October 2015
Repeated at:
http://www.lawyersclubindia.com/experts/Unregistered-will-563711.asp#.Vg_le_mqqko
Dr J C Vashista
(Expert) 04 October 2015
Although the query is repeated by the author since he is dissatisfied with the 'FREE LEGAL SERVICE', I agree with experts.
However, I would advise him (author) to consult a local lawyer with the document for proper advise, guidance and proceeding 'ON PAYMENT'
Dilip Verma
(Querist) 05 October 2015
Thanks sir for your reply but i want to just know that the will which my father has written has not witness in it will it also be valid
Guest
(Expert) 05 October 2015
Thanks for the Correction Expert Mr.Kumar Doab.It is Not Mandatory in Thane to Probate the Will Please. My Reply to be Modified.
Kumar Doab
(Expert) 05 October 2015
For the first time in this thread you have posted vide your latest post that there is no witness in the WILL in your hands.............................."Thanks sir for your reply but i want to just know that the will which my father has written has not witness in it will it also be valid "
Beyond this you may follow the advise of Senior Expert Dr.Vashista....................and prefer paid consultation, and show all docs on record to an able lawyer and explore if there is merit and remedy, for you.
prabhakar singh
(Expert) 05 October 2015
''that the will which my father has written has not witness in it will it also be valid''
ANSWER
NO!A WILL WITHOUT ATTESTATION OF TWO WITNESSES IS NOT VALID.
M V Gupta
(Expert) 07 October 2015
Will is not valid as it is not attested by two witnesses. Dont go in for probate of the will. It is presumed that the shop is situated in coop Society.The querist may check if his father has nominated him for his share. If there is nomination, then the Society will transfer the father's share without any hassles. Otherwise, father's share will devolve not only on the querist but all his children and widow (i.e., mother of the Querist) in equal proportion. In this case all other heirs will have to relinquish their rights in favor of the Querist or execute gift deed in favor of the querist on the basis of which the father's share can be transferred by the Society to the Querist.Gift deed will attract only Rs. 500/- stamp duty and registration charges.
Sudhir Kumar, Advocate
(Expert) 07 October 2015
earlier you did not disclose that
"Thanks sir for your reply but i want to just know that the will which my father has written has not witness in it will it also be valid "
Any more vital facts not disclosed so far.
Dr J C Vashista
(Expert) 08 October 2015
Rightly pointed out by expert Mr. Sudhir Kumar, the author has concealed vital information, reasons known to him only.
Let it be clear to you the document of WILL alleged to have been executed by your father is unattested and unregistered it would be very difficult to prove that the will was written/executed by deceased only, as opined y the experts.
If you are able to prove it that the Will was written/executed by your deceased father (ONLY) then Contact, consult and engage a local lawyer for further advise and guidance.
