Unregistered will
Dilip Verma
(Querist) 03 October 2015
This query is : Resolved
My father has made a will in my name, but it is not being registered it is only written by his hand on 100 rs stamp paper and it is notarized by advocate do i need it to probate the will we had a shop and it is situated in Thane Maharashtra and what is the procedure to probate the will
Anirudh
(Expert) 03 October 2015
There is no legal requirement that a WILL has to be registered.
The will written in own writing of the Testator (your father) is called "holographic will".
The law makes a great presumption in favour of the genuineness of a holograph Will for the very good reason hat the mind of the testator in physically writing out his own Will is more apparent in a holograph Will than where his signature alone appears to either a typed script or to a script written by somebody else.
The WILL is required to be probated. The Attesting Witnesses has to testify that the WILL was executed by the testator.
You have to submit a petition for probate of the WILL to the appropriate court having jurisdiction over the matter. Upon hearing the parties, the Court will decide the probate - either grant the probate or deny the probate.
You have to approach a lawyer for this purpose for effective handling of the matter.
Rajendra K Goyal
(Expert) 03 October 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Unregistered-will--563641.asp#.Vg_lfvmqqko
