WILL

Querist : Anonymous (Querist) 05 September 2010 This query is : Resolved
If a WILL is written and attested by notary public.After the death of maker can it be registered in SR office?

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s.subramanian (Expert) 05 September 2010
No. It cannot be done.

R.Ranganathan (Expert) 05 September 2010
There is provision for registering the Will after the death of the maker of the Will.

PJANARDHANA REDDY (Expert) 05 September 2010
IT IS A FRAUD ,IF U ARE FAILED TO DISCLOSE THE DEATH OF PRINCIPLE, EVEN PROVISION FOR LRS TO GET IT REGISTERED.

Devajyoti Barman (Expert) 05 September 2010
No and if the will is not attested by two witnesses it is not valid either.

s.subramanian (Expert) 05 September 2010
There is only one situation to which Mr.Ranganathan is obvioulsy referring. That is a case where the testator keeps the will in a sealed cover and entrusts the same to the sub registrar. On the testator's demise and on the production of concrete proof of the death of the testator,the sealed cover is opened and the will contained in it is registered. This procedure cannot be adopted in any other situation .

Advocate Rajiv Mishra (Expert) 05 September 2010
absolutly yes if two attesting witnesses attested the will as per law, u/s 40 registration act there is clear procedure of posthumus registration of a will.kindly note mr.subramanian.

Uma parameswaran (Expert) 05 September 2010
Yes. It can be register.

O. Mahalakshmi (Expert) 11 September 2010
After the death of the testator the will can not be registered. But it will be legally valid document. So the will is valid either registered or unregistered there is no legal problem arise.
Then what is need of the registration of the will.

Advocate Rajiv Mishra (Expert) 11 September 2010
sorry mr.mahalaxmi, the registration of will is necessary for agricultural land in u.p. . regstration after the death of testator is given in s.40 reg act.

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