Lost original unregistered will


Dear All, Please let us know what someone has to do if they have lost the original WILL which was unregistered. All they have is photocopy of the unregistered will deed. The will deed was made by maternal grandfather to his grandson for ancestral agricultural lands. Grand father has 5 daughters and no son. None of the 5 daughters have any objection to transfer the property to the grand son. Thank you.
 
Reply   
 
Scientist/Engineer

Let all heirs execute a deed abandoning their claims in favour of the grandson.

 
Reply   
 



In the absence of primary evidence, secondary one will do.

Lodge a complaint with the police regarding the lost original.

 
Reply   
 
subregistrar/supdt.(retired)

Yes. agreed with Mr.TGK Reddy ji.

 
Reply   
 
Scientist/Engineer

Police complaint may or may not help. None of the heirs have any objection to what is stated in the will. Hence no one could have any ulterior motive in stealing the will. If anyone had an ulterior motive and  they had stolen it, he or she could have easily destroyed it and police could do nothing.

 
Reply   
 

Lodging a Complaint with the police is a useful formality whether the police may or may not help. 

 
Reply   
 

If non of the daughters have objection to transfer the property in the name of grandson then directly transfer the property in the name of grandson. No neet to consider the will. Appoint advocate.

 
Reply   
 
Scientist/Engineer

It is presumed that one of the 5 daughters is mother of the grandson and is alive. In the absence of any will the mother will be class 1 heir and the son Class 2 heir. Each of the 5 daughters including the mother of the boy will have 1/5 share in the property. The grandson is not heir when his mother is alive. If the 5 daughters abandon their shares, whether the property will go to the particular grandson is not sure. Other grand-children of the deceased may have claim. If the 4 daughters abandon their claim, the fifth daughter, who is mother of the grandson will get the estate. There are cases like that. If the 5th daughter also abandons the claim, will it automatically go to the particular grandson? It is doubful. When there are a number of co-parceners if some of them abandon their claim, the property will go to the remaining ones. There are Bombay High Court decisions that there will be only nominal stamp duty for deed.  If the witnesses to the lost will are available and if they are willing to testify in a court of law, it can be tried.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu