Query about will
Ankit Daharwal
(Querist) 31 August 2017
This query is : Resolved
If the executor and testator are both dead, in that case does a will stand. if the will is unregistered.
R.K Nanda
(Expert) 31 August 2017
state detailed facts to get proper reply.
Ankit Daharwal
(Querist) 31 August 2017
My aunt made a will and gave her home to my mom. And now my aunt and mom both are dead. And the will is unregistered. So Does the property still belongs to my mom?
And can it be transferred to my name.
Kumar Doab
(Expert) 31 August 2017
The WILL operated after death of testator e.g; your aunt in your query.
Who was executor in the WILL?
Who was beneficiary in the WILL?
Was the WILL duly submitted and acted upon without any cloud on it?
Ankit Daharwal
(Querist) 31 August 2017
My aunt doesn't have a heir nor a husband. So he made a will and gave her home to my mom, his younger sister. And now my aunt and my mother, both are dead and the will is unregistered. So in that case, does the will stand?
Advocate Bhartesh goyal
(Expert) 31 August 2017
Will comes in effect after the death of testator.valid will requires signature of testator and two witnesses.it requires no registration and stamp duty..will executed by your aunt if duly signed by your aunt and two witnesses then it is valid will irrespective of that beneficiary of will is no more.
Kumar Doab
(Expert) 31 August 2017
You have still not replied who was executor of the WILL?
Kumar Doab
(Expert) 31 August 2017
Same Query:
http://www.lawyersclubindia.com/experts/Query-about-unregistered-will--653596.asp
Ankit Daharwal
(Querist) 31 August 2017
The executor of the will was my mom and testator was my aunt (mother's elder sister)
Rajendra K Goyal
(Expert) 31 August 2017
Whether your mom expired prior to your aunt who executed will?
If not you mother is beneficiary of the property on the basis of will and if she expired intestate property would be inherited by all her legal heirs.
Registration of will is not mandatory.
Ankit Daharwal
(Querist) 31 August 2017
My mom expired after the death of my aunt. So Does the will stand? And as a legal heir, can the property be transferred to my name? (I'm the son of the executor)
Ankit Daharwal
(Querist) 01 September 2017
Do we have to fight case, to prove the will right?
