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R. Raghunathan (Retired)     07 November 2011

Loss of original will

MY FATHER EXECUTED A WILL, BUT DID NOT REGISTER.  AFTER HIS DEATH I SAW THE ORIGINAL WILL AND FOUND HE HAD NOMINATED ME AS EXECUTOR OF THE WILL.  SO I HAD KEPT THE ORIGINAL WILL WITH ME.  SINCE THE WILL COMES INTO OPERATION ONLY AFTER THE DEATH OF HIS WIDOW, I HAD NOT TAKEN ANY ACTION BUT SENT COPIES TO OTHER CO-HEIRS.  LAST YEAR I SHIFTED MY RESIDENCE FROM MUMBAI TO CHENNAI AND THE TRANSPORTER DELIVERED ALL MY ITEMS EXCEPT TWO ITEMS, ONE CUP BOARD CONTAINING MY VALUABLE DOCUMENTS, ONE OF WHICH IS THIS WILL IN ORIGINAL.  I RECORDED THE NON-DELIVERY  OF THE CUP BOARD AND ALSO HAD WRITTEN TO THE TRANSPORTER IMMEDIATELY.  I HAVE THE COPIES OF THE CORRESPONDENCE.   BUT THE TRANSPORTER DID NOT RESPOND AT ALL.  THE FACT IS THE ORIGINAL WILL IS LOST. 

NOW MY QUESTION IS WHAT ACTIONS I SHOULD TAKE AS EXECUTOR OF THE WILL.  SHOULD I FILE ANY PAPER REPORTING LOSS OF THE ORIGINAL WILL IN THE COURT OR ANY SUCH OTHER THING.

PLEASE ADVISE. 



Learning

 6 Replies

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     07 November 2011

yes , u have to lodge FIR for loss of ORIGINAL WILL , and to publish in  news papers of area around where original WILL is lost in one in english and anohter in vernalcular  language.

 another option , if all brother sisters are admitting xerox of the WIL then  wihtout attaching WIL u can file letter of administaration as executor of the  WILL. from the court.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     07 November 2011

u have to obtain NO OBJECTION AFFIDAVIT from all legal heirs.

 

pl. contact ur local advocate for  filing the same.

Bharatkumar (ADVOCATE )     07 November 2011

I agree with Bhanuji. 

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     07 November 2011

Advocate Bhanu Rasputra has rightly advised in the matter and I agree with  his view.

Rajeev Kumar (Lawyer/Advocate)     07 November 2011

I also agree with Bhanu Rasputra advise.

Shailesh Kumar Shah (Advocate)     08 November 2011

adhere advised of bhanu Rasputra.


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