Will registration
Querist :
Anonymous
(Querist) 07 June 2018
This query is : Resolved
I wish to clariy some doubt regarding will registration
Whether will can be executed in favour of a Minor with a gurdian to administrate the property till the minor getting Major?
i.e. My mother in Law wants to write a will in favour of her Grand Child (he is 5 years old) with appoint his mother as Guardian/executor. Is it valid ?
Whether will register with Sub Registrar office need to be probated in the court ? or just registration is enough to prove it is valid and final one?
What will be registration fee for will under TN Registration department?
Ms.Usha Kapoor
(Expert) 08 June 2018
all your questions regarding wills and their registration can be answered in the affirmative or yes!It's better the will is probated in court for its validity and Genuineness.
Kumar Doab
(Expert) 08 June 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.
Kumar Doab
(Expert) 08 June 2018
IT is mandatory to probate the WILL in areas of Madras, Bombay, Calcutta.
In other areas IT is not.
Registered WILL is better option and is not easily set aside atleast on counts of authenticity.
You may inquire charges from local O/o Registering Authority.
You may if you wish examine option of Gift.
IT shall always be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Testamentary/succession/civil matters and well versed with LOCAL applicable rules/laws/personal laws that apply and having successful track record…. and worth his/her salt..by showing matter related docs and giving inputs in person…..
Thus unnecessary complications, misunderstandings can be avoided.
Your counsel can also draft the WILL and also opine on option of Gift, settlement….
Kumar Doab
(Expert) 08 June 2018
In the meantime you may go thru and relate with your mater;
Minor can be held to have legally accepted the property in suit gifted to him and the said gift-deed was irrevocable.
Supreme Court of India
K.Balakrishnan vs K.Kamalam. & Ors on 18 December, 2003
Author: Dharmadhikari
Bench: Y.K.Sabharwal, D.M. Dharmadhikari
https://indiankanoon.org/doc/548162/
Kumar Doab
(Expert) 08 June 2018
You can also pick up cues from:
Madras High Court
Minor Mahema vs E.K.Lingamoorthy on 8 October, 2014
https://indiankanoon.org/doc/185341578/
Kumar Doab
(Expert) 08 June 2018
CHeck at;
http://www.tnreginet.net/english/dutyfees.asp
and also check in person for FEE as already suggested above..
kavksatyanarayana
(Expert) 08 June 2018
When a Will is executed by any person, the contents of the Will comes into effect only after the death of the Testaror (who executes the Will). And a Will can be revoked, modified or cancelled during the lifetime of the testator. Will can be executed in favour of a minor as beneficiary, the parent of the minor or other guardian can be appointed on behalf of minor. Will may be registered in Registrar Office where the testarot is living. the registration of fee of Will is Rs.1,000/- + user charges. Get the will drafted by a Senior Advocate or Document Writer.
