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NitishMehrotra   28 July 2024

Is registered will which is uncontested valid only for 12 years?

Respected members,

Would like to understand about the validity of the registered will.

The will was registered in the name of Son by Father in year 2005 when father was alive stating upon father demise, the will shall become effective.

In 2011, the unfortuante demise happened and the will became effective. The son never took over the ownership rights in the local municipal office until today but had the ownership of the property because the house was locked by him.

The Son has 2 other siblings who were aware about the will but never challenged it until now. So can you please share your professional expertise about the validity of will as some say that the will validity is only 12 years citing some supreme court ruling but i understand it relates to tenancy act and not ownership rights.

Questions:

  1. Can will still be used as a legal document to get the Son's name reisgtered ?
  2. How to handle comments like 12 years validity and the will is now expired?

Thank you in advance for your response.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     29 July 2024

There is no expiry date in case of Will and no authority can enforce a restriction or limit on the time period of execution of will.

You can get a NOC from your siblings and submit an applicaiton to get the bequeathed property's revenue records transferred to your name on the basis of Will.

Dr. J C Vashista (Advocate )     29 July 2024

The will of deceased is still in vogue and unchallanged, hence valid, operative and effective.

Obtain NOC from other siblings and get the property transferred / mutated in your name as dictated in the Will of testator.

R.K Nanda (Advocate)     29 July 2024

1. yes.

2.will is still valid and not expired.

Advocate Bhartesh goyal (advocate)     29 July 2024

A will once made can not expire sou-moto.The only way a will can expire is when

either testator revokes will or  made the new will.

 


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