Unregistered will - can i register it now after death of the testator
GOPINATH G.
(Querist) 15 November 2013
This query is : Resolved
A WILL WAS WRITTEN AND UNREGISTERED. THE TESTATOR DIED. CAN I REGISTER THE WILL OR CAN I TRANSFER THE PROPERTY?
Sudhir Kumar, Advocate
(Expert) 15 November 2013
NO. It cannot be registered now. Testator has to appear before registering authority.
By the way how your rights are affected if the will is not registered. Unregistered will is also enforceable.
Rajendra K Goyal
(Expert) 15 November 2013
Unregistered will is enforceable and is valid equally. You may proceed for probating of the will.
Sanjeevappa. L
(Expert) 30 March 2014
An unregistered will can be register even after the death of the testato as per the provisions of Registration Act, 1908.
please read the following sections of Registration Act, 1908
40. Persons entitled to present Wills and authorities to adopt
(1) The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration.
(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration.
41. Registration of Wills and authorities to adopt
(1) A will or an authority to adopt presented for registration by the testator or donor, may be registered in the same manner as any other document.
(2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied-
(a) that the will or authority was executed by the testator or donor, as the case may be;
(b) that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section 40, entitled to present the same.
Kumar Doab
(Expert) 03 August 2018
Go thru;
THE REGISTRATION ACT, 1908;
31. Registration or acceptance for deposit at private residence
40. Persons entitled to present wills and authorities to adopt
42. Deposit of wills
https://indiacode.nic.in/acts/7.%20Registration%20Act,%201908.pdf
Kumar Doab
(Expert) 03 August 2018
The WILL can be registered after death as well.
GO thru;
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1303/2013
BACHITA BARUAH ..... Petitioner
Through:Mr.Rahul Shukla, Advocate
Versus
GOVT OF NCT OF DELHI & ANR ..... Respondents
Through:Mr.Nitin Saluja for Mr.Najmi Waziri, Standing Counsel, Govt. of NCT of Delhi.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V.K. JAIN
Kumar Doab
(Expert) 03 August 2018
Also an old judgments that have also been cited at LCI.............
Delhi High Court
Moti Ram vs Rittoo on 17 September, 1968
Equivalent citations: AIR 1969 Delhi 134, 4 (1968) DLT 586
Bench: H Hardy
https://indiankanoon.org/doc/1635527/
Kumar Doab
(Expert) 03 August 2018
There are many threads LCI on similar queries that you can search thru SEARCH option;
http://www.lawyersclubindia.com/experts/Will-685891.asp
http://www.lawyersclubindia.com/experts/Will-685886.asp
Kumar Doab
(Expert) 03 August 2018
Preferably approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Testamentary/Civil and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..and proceed further under expert advice of your counsel to handle say; contest, challenge in future..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Civil courts, HC, SC……
Kumar Doab
(Expert) 03 August 2018
Preferably approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Testamentary/Civil and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..and proceed further under expert advice of your counsel to handle say; contest, challenge in future..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Civil courts, HC, SC……
