Instead of declaratory it has to be petition for probation of will, if you can prove it (will) a genuine.
Dr. J C Vashista (Advocate ) 04 August 2024
Instead of declaratory it has to be petition for probation of will, if you can prove it (will) a genuine.
Gaurav Mittal 04 August 2024
Mr. Balakrishnan, the case is still in progress and what I have been informed from sources is that in the state of U.P. one can file both a declaration suit as well as suit for probate of will and both are equally valid. A declaration suit helps to prove the owner on the assets mentioned in the will, which will effectively prove the will's genuineness.
Balakrishnan P 04 August 2024
Thank you for all your input.
Since the opinions received so far to the question "Is declaration suit maintainable in case of unregistered will" are both "Yes" and "No", it is not very useful for our immediate needs.
This seems to be one typical example of the improvements needed in the Indian Legal System in the near future.
I am still hoping to get possible information support that may be useful for us to justify why declaration suit in this case is not maintainable.