Will
J B Goel
(Querist) 21 May 2018
This query is : Resolved
What is additional benefit for getting the Will registered than without getting it registered? Will the beneficiary is required to obtain probate for getting the title of ownership, in case of registered Will?
J B goel
Kumar Doab
(Expert) 21 May 2018
Registered WILL (Registered by registering authority appointed by govt) is not easily set aside atleast on counts of authenticity.
IT is mandatory to probate the WILL in areas of Bombay, Madras, Calcutta.
Kumar Doab
(Expert) 21 May 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary; and this can be the best option) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL (Registered WILL is not easily set aside atleast on counts of authenticity. IT is vaguely remembered that there were threads at LCI n which querists/members posted that the Authority commented since WILL is registered for them there is NO need to demand probate).
Check locally for the procedure and how to comply with procedure {(as on date only since IT may change in future), ( Registered WILL is not easily set aside atleast on counts of authenticity)}
If contested WILL (registered/unregistered) lands up in probate court of pecuniary jurisdiction.
Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs/beneficiary in mutations records.
Thereafter obtain copy of updated mutation records.
The legal heirs may also consider perspective of registered family settlement narrating the WILL and register it.
The title holder/testator can also explore the registered settlement deed with life rights.
Kumar Doab
(Expert) 21 May 2018
Other threads;
http://www.lawyersclubindia.com/experts/tranfer-of-rights-in-flat-to-son-213681.asp
( WILL is suggested)
http://www.lawyersclubindia.com/experts/Rent-on-flat-family-setllment-231116.asp
( Fishing clients is mentioned)
http://www.lawyersclubindia.com/experts/tranfer-of-rights-in-flat-to-son-213411.asp
http://www.lawyersclubindia.com/experts/TDS-CERTIFICATE-PAN-NUMBER-NOT-MENTIONED-213796.asp
http://www.lawyersclubindia.com/experts/Nro-account-250461.asp
http://www.lawyersclubindia.com/experts/Investment-in-uk-381286.asp
http://www.lawyersclubindia.com/experts/Stamp-duty-on-property-tax-399791.asp
http://www.lawyersclubindia.com/experts/Remittance-of-dollar-to-son-in-law-542906.asp
( Son in law is also a party in money matters)
http://www.lawyersclubindia.com/experts/Tds-on-property-sold-by-nri-612681.asp
Kumar Doab
(Expert) 21 May 2018
Since there are lots on financial transactions within the family and probably NO family dispute as on date also, the MoU for family settlement may be amended or new drafted and/or WILL ( with proper narration) may be witnessed by one and all and registered…
Being a retired senior official you can very well understand that (some) LCI Senior Experts have advised you properly.
Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/succession/civil matters and having proven successful track record ….. and worth his/her salt …for help and guidance.
Check at LOCAL Civil courts… HC,SC..
Avoid IT’s and entities that loiter at online portals for fishing/alluring/fleecing the clients.. even if such IT’s and entities paste pictures of sick and old individuals and write fancy write up ( kaside) on ITSELF.
A dishonest entity may intentionally leave defects knowing fully well that the dispute will occur in future and the beneficiary and legal heirs will come back and the IT and entity will have another chance for fishing/alluring/fleecing the clients…
Kumar Doab
(Expert) 21 May 2018
There are many threads on WILL from various aspects that you can search in SEARCH option e.g;
http://www.lawyersclubindia.com/experts/Right-of-sons-over-property-acquired-by-father-681611.asp
http://www.lawyersclubindia.com/experts/Will-for-fixed-deposite-663606.asp
http://www.lawyersclubindia.com/experts/Execution-of-will-681671.asp
Kumar Doab
(Expert) 21 May 2018
You may also pick up relevant points from threads on WILL by searching in SEARCH option e.g;
http://www.lawyersclubindia.com/experts/what-happen-if-beneficiaries-of-will-predeceased--663796.asp
You may certainly avoid to be carried away by the poor show with vague/incorrect/fully
wrong/illegal/unlawful/void …………..posts just to contemp the Apex Court and all courts as usual,
of
IT=@PSD
That has multiple fake ID’s to advertise and show off at LCI to allure unsuspecting querists..
In that thread IT=@PSD is at 4th,5th,6th,7th,8th,9th post and so on is same entity with multiple fake
ID’s….
and poor show off is due to IT’s=@PSD’s insatiable itch and urge to litter unending
nuisance/sarcasm/abuse at LCI from Day1…
Rest Experts have already posted correct legal position in same matter many times and per judicial
pronouncements…
You can think of including more than one beneficiary..in the WILL.
Ms.Usha Kapoor
(Expert) 21 May 2018
Whether will is black and white or registered it makes no difference. It confers title on beneficiary. For the rest I agree with Mr.Kumar Doab.Except Mumbai Calcutta, Chennai and Delhi at other places getting the will probated is not necessary. However at other places also if it is probated it's genuineness will be established.
Kumar Doab
(Expert) 21 May 2018
A stranger can not challenge the WILL.
Except in case of say; lender that has charge on estate disposed in (valid) WILL.
If all legal heirs ( ClassI) in case of Hindu male that are present, sign NOC in favor of beneficiary, WILL is duly acted upon without any cloud on IT. Probate is neither warranted nor required. Registered WILL is not set aside atleast on counts of authenticity that is one of the purpose of probate.
Still keeping even in registered WILL ,more than one executor/beneficiary, so as meet eventualities and challenge of situations thrown to WILL of testator will be very wise of testator.
And also to approach a very able counsel as already suggested will be very wise of testator and querist.
And also to not to get allured by unscrupulous IT's and entities that loiter and stalk at online portals...
P. Venu 
(Expert) 22 May 2018
A Will, once registered, would acquire an enhanced authenticity in the event of a future litigation. And also, the process of obtaining probate (if required) would be rendered less tedious.
Kumar Doab
(Expert) 22 May 2018
Thanks for agreeing Ms. Usha Kapoor.
