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by Spiderman · 26/12/2014
One of my relations is to prepare a will so that there is no dispute among the legal heirs. Some senior citizens say that prepare a will witnessed by two witnesses but lawyers tell that the will should be executed in the presence of the local registrar. What is the difference between a registered will and unregistered will?
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Unregistered Will, if got executed with all safeguards in the presence of minimum 2 witnesses, is as Good as Registered…
Sir, Please confirm whether unregistered will is safe or not. May we go any court with unregistered will? Is it…
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Sir,
Please confirm whether unregistered will is safe or not. May we go any court with unregistered will? Is it a valid document?
thanks
Unregistered Will, if got executed with all safeguards in the presence of minimum 2 witnesses, is as Good as Registered Will. It is no doubt a Valid Document. One needs to get the unregistered will probated as Probate validates a Registered or Unregistered Will. If there is no objection to the will by other heirs and as the property then the property, mentioned in the will, can be sold and transferred even without Letter of Probate or Succession under Indian Succession Act 1925
Sir I want to buy one unregistered will property what is the procedure to the registration
You have not mentioned as to under which personal law the individual, who wants to make a will, is covered. However as per Indian Law, any person can make a will in respect of his or her owned property through a registered or unregistered will. The only difference is that unregistered will can be challenged in court of law as some body else can come with a duplicate will and it will be difficult to prove that which will is original will. In case of registered will with stamp duty paid under the Indian Stamp Act it will be easy to get the property transferred without much hassle whereas in case of unregistered will the willed person/s will have to seek letter of probate from court of law and can be challenged easily.
A will had been executed in the name of 2 daughter in law & registered , but the actual property owner had 3 daughter in law, but she registered the will only to 2 person, and khata of the property also done in the 2 person name, can the 3rd person suit a case or objection, & how will it stand in court
Hello Ram, I assume that the person who has made the will is a Hindu. He can execute the will in favor of any person of his/her choice in case the property is not an inherited property. In case of inherited property, all the sons/daughters can claim their share legally under Succession Act for Hindu Undivided Family. In case the person, who has executed a registered will in the name of 2 daughters in law, owns the property and the property has been acquired by him/her of his own then the third daughter in law cannot raise any legal objection.
After registration of a will of a person can any body challenge to the court with a non registered will of same person in previous or after date of registered will.
Yes, on the basis of any subsequent will, even if it is unregistered, the existing registered will can be challenged. The person who has had executed the registered will have every right to change his/her will before his death and he or she may choose not to register the fresh will. But he/she will have to clearly indicate in each and every subsequent wills that all his/her previously executed will stand revoked and canceled.
What is the rule/act no which states that registered will can only be substituted by registered will.
@Subodh Kumar, Any Will can be revoked and/or substituted by the testator any number of times at his prevail. However, all subsequent wills should clearly state that ‘this is the last’ will prior to the date and at the time of the present instrument. The instrument of will can also be registered with the Sub-registrar of Assurances and then the registered will takes precedence over the unregistered will even though the same may have been drawn at a subsequent date and is stated to have revoked all previous wills. Because, a registered will can only be substituted by a registered will.
Probate of will is a legal process in which the court of judicature certifies the authenticity of the will under their court seal and hands it back to the executor. Though it is not mandatory that every will should be probated, it is advisable to do so to ensure that the acts and deeds performed by the executor of the will cannot be challenged at a later date. Thus all actions taken by the executor acquire stamp of legality and can be defended in a court of Law. Courts will not entertain suits pertaining to wills unless the will in question has been probated.
Is is not necessary to probate a registered will?
You have not mentioned as to under which personal law the individual, who wants to make a will, is covered. However, as per Indian Law, any person can make a will in respect of his or her owned property through a registered or unregistered will. The only difference is that unregistered will can be challenged in a court of law as somebody else can come with a duplicate will and it will be difficult to prove that which will is original will. In case of registered will with stamp duty paid under the Indian Stamp Act, it will be easy to get the property transferred without much hassle whereas in case of unregistered will the willed person/s will have to seek a letter of probate from the court of law and can be challenged easily.