Manasi Save (Legal Practioner) 16 June 2009

Will

Mr X wants to draft a will of his relative's immovable property, The property is situated in another State 'Z' where he nor his relative are currently residing. I have following queries regarding

1) Can he register the will in the state where they are currently residing.

2) What documents have to be verified and attached while registering the Will and in case of immovable property only specifying the share awarded to each relative will suffice or anything else have to be verfired. Please enlighten

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4 Replies

sanjeev murthy desai (Advocate) 16 June 2009

He can not register that will which is including another state property. If the property is movable which is in another state you can register that will in the his residential register office. There is no ohter documents required to registering that will. If the property is immovable you have to attached the recent tax paid recipts and Khata Certificate and extracts in the name of Testator.

Manasi Save (Legal Practioner) 16 June 2009

Instead of registering it can i notarise it. Any different procedure if the person making a will is a muslim?

Abhishek (Advocate) 19 June 2009

Notarizing the Will not be a proper solution for it .... The will cannot be register at the place where the property is not situated... Law prohibits this and is not permissible... You can enquire with the Registrar for the procedural aspects.. It will be better... But let me know why do you want to register the WILL as it is not mandatory to register it?