Will
Querist :
Anonymous
(Querist) 07 July 2018
This query is : Resolved
srinivas has made a will without any registration . and then srinivas died .later his son mahesh goes to sub registration ofice to get the will register. later mahesh will goto civil court and he will apply for probiet, court will allow the probiet. court asks the withness and also checks the evidence . court will accept the withness and evidence. court will give the final judgement date . the court have asked mahesh to present a sitation copy details of others , whos similar to this case. i need the deatail of this case sir please give me
Kumar Doab
(Expert) 07 July 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Ms.Usha Kapoor
(Expert) 08 July 2018
Please post your ID you will get many replies.
Ms.Usha Kapoor
(Expert) 08 July 2018
Post your ID.you will get Many relies.
Dr J C Vashista
(Expert) 08 July 2018
If you are seeing an obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform. No reply for anonymous author.
Sudhir Kumar, Advocate
(Expert) 08 July 2018
rinivas has made a will without any registration . and then srinivas died .
THE WILL IS VALID NO NO FRAUDULENT REGISTRATION SHOULD BE ATTEMPTED.
later his son mahesh goes to sub registration ofice to get the will register.
HOW CAN HE DO IT WITHOUT HIS FATHER BEING THERE.
later mahesh will goto civil court and he will apply for probiet,
WHY NOT NOW.
court will allow the probiet.
HOW YOU ARE SURE
P. Venu
(Expert) 08 July 2018
It is not mandatory that a Will be registered. However, the facts, as posted, are confused and lacks clarity.
P. Venu
(Expert) 08 July 2018
It is not mandatory that a Will be registered. However, the facts, as posted, are confused and lacks clarity.
P. Venu
(Expert) 08 July 2018
It is not mandatory that a Will be registered. However, the facts, as posted, are confused and lacks clarity.
Kumar Doab
(Expert) 08 July 2018
Same Query;
http://www.lawyersclubindia.com/experts/Will-685886.asp
Kumar Doab
(Expert) 08 July 2018
IT is/was possible to register the WILL after death of testator that is why registering authority registered IT.
GO thru;
the registering officer, before finally accepting it for registration, shall W.P.(C) 1303/2013 page 1 of 10 satisfy himself that the person presenting it has legal authority to do so. The persons who may present a document for registration are the following-
a) In the case of a Will, the testator, and after his death, any person claiming under it as executor or otherwise;
Delhi High Court
Bachita Baruah vs Govt Of Nct Of Delhi & Anr on 27 February, 2013
Author: V. K. Jain
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V.K. JAIN
ORDER
https://indiankanoon.org/doc/109246138/
Kumar Doab
(Expert) 08 July 2018
You were asking citation as above or on something else.
Show IT to your own very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt
Kumar Doab
(Expert) 08 July 2018
It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Kumar Doab
(Expert) 08 July 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/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.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. 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 in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
Check locally and comply with procedure.
Kumar Doab
(Expert) 08 July 2018
As per your post given below;
If registering authority registered WILL after death of testator then apparently Executor, beneficiary, witnesses appeared before authority and consented to genuineness of valid WILL..
This gives you another opportunity to claim the WILL being genuine..
"srinivas has made a will without any registration . and then srinivas died .later his son mahesh goes
to sub registration ofice to get the will register. later mahesh will goto civil court and he will apply for
probiet, court will allow the probiet. court asks the withness and also checks the evidence . court will
accept the withness and evidence. court will give the final judgement date . the court have asked
mahesh to present a sitation copy details of others , whos similar to this case. i need the deatail of
this case sir please give me'
Kumar Doab
(Expert) 03 August 2018
Also go thru old judgments that have been posted at LCI e.g;
Delhi High Court
Moti Ram vs Rittoo on 17 September, 1968
Equivalent citations: AIR 1969 Delhi 134, 4 (1968) DLT 586
Bench: H Hardy
https://indiankanoon.org/doc/1635527/
Kumar Doab
(Expert) 03 August 2018
And
THE REGISTRATION ACT, 1908;
31. Registration or acceptance for deposit at private residence
40. Persons entitled to present wills and authorities to adopt
42. Deposit of wills
https://indiacode.nic.in/acts/7.%20Registration%20Act,%201908.pdf
Kumar Doab
(Expert) 03 August 2018
Preferably approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Testamentary/Civil and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..and proceed further under expert advice of your counsel to handle say; contest, challenge in future..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Civil courts, HC, SC……
