Will registration
Krish
(Querist) 15 May 2012
This query is : Resolved
Is a will required to be registered in order for it 's contents to be enforced legally.
Does it need to be registered in the village, or town where property is located? For example if my grandfather owned property inajmer, Rajasthan, does the will have to be registered in Ajmer, or Rajasthan, or an it be registered a ywhere in India?
If grandfather died in 1980 and we lost the will or did not even know it existed, and we found it just recently, can it still be used with regards to property ownership? Please quote where in CPC is all this discussed. Thanks!
Adv.R.P.Chugh
(Expert) 15 May 2012
Dear Querist,
1. A will is not compulosorily registrable it takes effect even when not registered.
2. Normally it is registered where it is executed and can be registered at any time even after death.
3.You can register the will now or can even right away file for probate/LOA to bring the will into effect and then the probate would help you mutate the properties in your name.
Regards,
Bharat
Guest
(Expert) 15 May 2012
Registration of will is optional, and not mandatory. It is,however,advisable to register the will, as in the event of it being challenged there will be a strong presumption of the validity of the will.
Regards,
Ashish Davessar
Advocate
Delhi, Chandigarh
Deepak Nair
(Expert) 15 May 2012
In India, registration of the will is not compulsary. But it is advisable to register the same to avoid issues in future.
Shonee Kapoor
(Expert) 15 May 2012
Will is not a compulsorily registrable document.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 15 May 2012
no registration is required . in your case your grandfather died in 1980 ie more than 32 years back .
make an application for transfer of property in name of legal heirs to whom property has been bequeathed . but if they ask for probate you will have to prove will is genuine
J K Agrawal
(Expert) 15 May 2012
Mr Bharat answered correctly.
The provisions regarding will is not available in CPC it is governed by the Indian Succession Act.
Deepak Nair
(Expert) 17 May 2012
Well and sufficiently advised by the experts above
Dr J C Vashista
(Expert) 18 May 2012
Be clear in your querry, exactly what do you want to know?
Rightly advised by experts, nothing more to add, however, as registeration of Will is optional and governed by Succession Act
Dr. J C Vashista, Advocate
#98911592939
