Documents that dont require regn

Querist : Anonymous (Querist) 06 November 2011 This query is : Resolved
as we all know will is effective after death of testator and getting probates after death of testator.does registeration of will make any diference at the time of probates proceedings.does getting will registered serve any extra benifit.

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Kiran Kumar (Expert) 06 November 2011
registered will has only advantage that prima facie it is considered as conclusive or final will unless and until the same is proved otherwise....a registered will will always have priority over an unregistered will....however there can be a subsequent unregistered will but its authentication is required to be proved with cogent evidence.

adv. rajeev ( rajoo ) (Expert) 06 November 2011
Registered or unregistered will has got same value, both can be challenged.

prabhakar singh (Expert) 06 November 2011
Registration of a will unless made with regard to agricultural property in UP,is an optional affair with same value with bit of bias in favor of registered one in sleeping way in the mind of court in cases of dispute.

How ever any will discarding natural heirs can be challenged by those who are deprived of succession due to will.It can not be apparently said that a registered will has extra benefit in law but it can not be ignored that in case of two rival wills setting claim former being unregistered and later being registered,both rivalry alleged forged,the court would assign greater weight to registered one on the ground of probability that forgery in privacy would be easier than before a public officer.

In another circumstance if former is registered and latter is unregistered
then also legally the registered would be deemed to have been revoked but in case both are being challenged as forged or obtained by fraud then unless a circumstance leading to fact that why second one is not registered is well explained beyond doubt ,the court may lean toward the registered to be true despite being former in time.

Then what can be concluded by this hypothetical assumptions is the fact that each case would be unique with regard to its own context,hence every factual instance can not be anticipated.

A probate is issued only a executor is appointed in the will and in case he does not act or is not appointed in will a letter of admission is granted in either cases a public notice is served inviting objection from whole world hence when same stands granted ,that becomes proved against whole world,hence its judgement is called 'judgement in rem' binding on one and all and the will is NOT required to be proved in litigation that may subsequently arise with regard to ITS' EXISTENCE and title etc.