Will after death of deceased
Querist :
Anonymous
(Querist) 19 April 2018
This query is : Resolved
Hello Experts,
I have a will which was made by my grandfather who died about 5 years ago.
It was drawn on paper. It is neither notarized nor registered.
My father passed away about a year ago.
My father was the only son of my grandfather.
Now I would like to get the will registered.
On visiting the registrar office i was told that probate would be needed and that the Registrar registers the probate and not the will itself.
I insisted that the witnesses were ready to file affidavits about the genuiness of the will and that the testator too would file the affidavit and we would provide all needed documents.
The Registrar however insisted on obtaining probate without which he would not register the will and that it is his discretion to decide what documents are needed to register the will
I would like to know what action lies with me againt the Registrar?
Is it ok if instead of registration I opt for notary?
Siddharth Jain
(Expert) 19 April 2018
Wills do�not�have to through probate unless�you�want to transfer ownership of assets owned by the testator, or the person who wrote the�will, to his living beneficiaries.
Probate is�required when an estate's assets are solely in the deceased's name. In most cases, if the deceased owned property that had no other names attached, an estate must go through�probate�in order to transfer the property into the name(s) of any beneficiary/ies.
The Indian Succession Act, 1925 decrees that a probate is official proof of a will.�
So, you can't take any action against the SDM for following the protocol.
For any other queries feel free to contact me at isidjain1@gmail.com
Kishor Mehta
(Expert) 19 April 2018
(1) A Will may or may not be notarized or registered, it is valid if properly drawn and executed and properly witnessed by two independent witnesses who are not beneficiaries under the Will.
(2) Probate of a Will is not necessary in some State of India. However in all other States Probate on a Will has to be obtained.
(3) A person can make a Will of only his self acquired property.
(4) You state that the property belongs to your grandfather who made a Will and who demised 5 years ago, who was the beneficiary under his Will? How can you state that the testator, who is already dead, will file an affidavit?
(5) Further a Probate from a Court of Law does not need registration, and once a Probate on a Will is obtained the Will does not need registration.
Please get your facts in order.
Ms.Usha Kapoor
(Expert) 20 April 2018
Although registration of will is not necessary if it is registered and probated is admissible as evidence in a court of law. So get the will registered and probated for your own benefit.Registrar was right in his stand.
Sudhir Kumar, Advocate
(Expert) 20 April 2018
Be clear.
Your grandfather has died.
He cannot appear before Registrar.
Will cannot be registered.
No action lies against the Registrar.
P. Venu
(Expert) 20 April 2018
Who is the beneficiary in the Will made by your grandfather?
SHIRISH PAWAR, 7738990900
(Expert) 20 April 2018
If will is left by your grand father you have to get probate from court. Registrar is right to direct you to get the Probate. Please appoint advocate for getting probate from court. If you are in and around Mumbai you can contact me for further proceedings.
Kumar Doab
(Expert) 20 April 2018
Apparently there is some misunderstanding or query is not drafted properly..
IT is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras...
IT is not mandatory to register the WILL.
WILL should just be valid...and if valid IT can be submitted to be acted upon without any cloud on IT
Ms.Usha Kapoor
(Expert) 21 April 2018
I agree with last part of the above sentence.
