Validity of an allegedly registered document in mumbai
Kartik Sehgal
(Querist) 10 September 2012
This query is : Resolved
As per Section 139 of the CPC, under rule 391 (the Marking of a Will) - Every will, copy of a will or other testamentary paper, which is sworn to or affirmed by an executor or administrator, shall be marked by the person before whom the oath or affirmation is made.
I have unofficially received xerox copy of an allegedly Registered Will with the Sub-registrar's Seal but no signature or Official's stamp
. As per the Mumbai High Court (Side Rules) updated 27th May 2009, Chapter XII, P 197, dealing with Affidavits, a Court Officer must initial or sign a sworn document, so as to be able to testify later to verify the document.
The Will does not contain any individual identification of a Court officer, but merely a stamp. How legal/valid is the Registration of this Will Document ?
ajay sethi
(Expert) 10 September 2012
repeated query
Kartik Sehgal
(Querist) 10 September 2012
Dear Sir,
The answer to my query was unclear to my lay mind which is why I had re-worded my Query seeking an answer not to the legality of the drawn will, but validity of the REGISTRATION Process as specified under the sections of law quoted by me.
I would be grateful for clarification on the Registration Process only.
Hemant Agarwal
(Expert) 11 September 2012
You have only the "Photocopy" of the said will.
Apply and Try to get a certified copy of the will document and check the genuineity.
No other way.
Photocopy is not evidence nor a valid document.
Competent authority has to mandatorily affix his seal and sign on all documents for registration.
Keep Smiling .... Hemant Agarwal
Kartik Sehgal
(Querist) 12 September 2012
Thank you so much Mr Hemant Agarwal for your reply that has cleared my mind of my earlier confusion on the legal apect of a registered document.
