Will

Mani S (Querist) 28 May 2019 This query is : Resolved
1. Is it necessary that a will should be registered?.
2. If a Will has more than one property in different states being bequeathed, is it to be probated. Where is it to be probated?
3. If there is only one property and it is in a rural town, does it have to be probated?
4. If a property is a subject of civil suit with the Government, how to bequeath it in a Will - subject of course to court order.
5. What if one of the beneficiary of the will is an NRI or a citizen of another country but of Indian origin.
6. If a Will is not registered but merely notorised, will it be accepted for probating?

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Sudhir Kumar, Advocate (Expert) 29 May 2019
Is it necessary that a will should be registered?.

NO.

Sudhir Kumar, Advocate (Expert) 29 May 2019
2. If a Will has more than one property in different states being bequeathed, is it to be probated. Where is it to be probated?

wherever the property is located.

Sudhir Kumar, Advocate (Expert) 29 May 2019
3. If there is only one property and it is in a rural town, does it have to be probated? 4. If a property is a subject of civil suit with the Government, how to bequeath it in a Will - subject of course to court order.

please state full facts.

Sudhir Kumar, Advocate (Expert) 29 May 2019
5. What if one of the beneficiary of the will is an NRI or a citizen of another country but of Indian origin.

please state full facts.

Sudhir Kumar, Advocate (Expert) 29 May 2019
6. If a Will is not registered but merely notorised, will it be accepted for probating?

Will is valid if it meets other requirements even if it is not notarised.

J K Agrawal (Expert) 29 May 2019
3 Probate requirement depends on which state the property situate. In some states like WB it requires probate.

4 you are free to bequeath any property may be yours, or some neighbour, or your enemy or Government or even entire city of Lahore. No restriction anywhere. I bequeathed UP and Bihar to my wife already. Other states are free.

5 No problem.

6 Yes.