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Anurag Kapur (Manager -Tax)     07 February 2011

Transfer of property

Dear members,

My grandfather expired and the will made by him was unwitnessed/unregistered.

How we can get the property transferred in my father's and uncle name?What all documents/formalities are required?

I feel that since the will was not witnessed it has no value? Pls suggest



Learning

 6 Replies

T.KRISHNARAO (MANAGING PARTNER)     07 February 2011

I hope that the will if not registerd is not valid please check the document and consult your advacate at your end .

reg 

T.KRISHNARAO 

tikare.krishnarao@gmail.com

m.arunprakaash (advocate)     07 February 2011

your father can succeed the property under section 8 of the hindu succession act 1956

SUJIT S BHALEKAR (Sr. MANAGER-LEGAL)     07 February 2011

reigstration of Will is not mandatory under Hindu Law.   However, witness has to sign the document.

Anurag Kapur (Manager -Tax)     07 February 2011

Dear Mtr Sujit,

It means the will is not vaild and has no meaning in eyes of law

SUJIT S BHALEKAR (Sr. MANAGER-LEGAL)     08 February 2011

To my opin, every document has its evidentiary value- but the "WILL" if not withnessed/probated will difficult to prove in the eyes of law, if challenged by 3rd party. As the WILL being invoked once the person making the will get expired.  In absense of witness/probation, the sanctity of the document may be questioned.

Regards,

Sujit S. Bhalekar.

N.K.Assumi (Advocate)     09 February 2011

I would like to expressed my own views here in this query. Consider this, an aeroplane crushed or a ship wrecked and two person survived one in a dying conditions and the dying man wrote  on some objects giving his entire estate to his daugther. Can this be challenged on the ground that there was no attestation except the presence of testator's companion? I am of the view that the will in question should be judge depending on the entire facts and circumstances and absence on witness or registration should not be the basis of Judging its validity.


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