Validity of notary will
jeevan deshpande
(Querist) 04 January 2019
This query is : Resolved
my deceased mother made will before notary in my favour( i have three more sisters).
is the said will is treated as 100% illegal as it is only notary.?
the property is self acquired property by my mother.
can i myself go to the court for validating such will ( getting certified myself as only legal heirs as it is stated in the will )
as my sisters is not aware from the said will, and unfortunately the said will is not registered will, i have dought that the notary made will may get challanged by my sisters, so before they take any action shall i go to court myself to get clear title for my notary will ?
Vijay Raj Mahajan
(Expert) 04 January 2019
Valid Will is one which is made by a person of age of majority, with free will and consent, without any undue influence by anyone, the person making Will should be of fit mental state and health, Will should be written, duly signed by the testator in presence of witness as well signed by the witness in presence of the testator.
Now the Will is registered with the sub-registrar or attested by the Notary Public it hardly matters and will not make the Will valid if otherwise it's void otherwise.
You better check the validity of the Will from the point of view as informed.
Dr J C Vashista
(Expert) 05 January 2019
No legal infirmity in a will executed and notarised, it is valid if it meets other legal requirements.
ramaraju ramaiah
(Expert) 05 January 2019
after execution of will your mother alive to today? and from whome such property get by your mother is it sreedhan or not so many legal queries arise? so best to consult local lawyer
Adv Shailendra Deshpande
(Expert) 05 January 2019
Agree with Expert, Mr. Vijay Raj Mahajan. The registration of a Will is not compulsory in India. On the death of the testator, an executor of the Will or a heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will.
If there are no objections, the court will grant probate. A probate is a copy of a Will, certified by the court, and is conclusive evidence that the Will is genuine.
