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DreamHome777   07 December 2016

Probating a registered will

Hi All,

Hope to get a good advice from this forum.

1)A known person has left a registered Will in My name . He died recently due to old age.

2)He registered the hand written will 10 years back and there is no other wills.

3)He has no heirs as he was unmarried 

4) I was his close friend and took care of him during his old age.

5)Witness - The witnesses who signed the will : One is dead , Another one is acting hostile.

6)Our Lawyer is saying the letter from the signed witness is required to state the validity of his signature.

My question is how important it is to obtain the letter from the witness?. He is asking for the money , even when I am ready to pay it he is dilly-dallying everyday.

Please advice : This is what I read in this question below. Is that right?

The non presence of other witnesses in probation proceedings for registered Will shall not be having any ill effect as the record of the sub-registrar and his personal presence as Witness to prove the signatures of the Testator should be sufficient.The non presence of other witnesses in probation proceedings for registered Will shall not be having any ill effect as the record of the sub-registrar and his personal presence as Witness to prove the signatures of the Testator should be sufficient.

 

https://in.answers.yahoo.com/question/index?qid=20100224233022AAbv2PR

 

 



Learning

 6 Replies

Kumar Doab (FIN)     07 December 2016

Registered WILL may not beset aside on the counts of authenticity.

Registered WILL can also be contested.

Youas beneficiary, need to present the  WILL to act upon, to the authority under whose juridiction property/estate falls.

 

 

adv.bharat @ PUNE (Lawyer)     07 December 2016

WSignature of testator is sufficient to prove it.

DreamHome777   07 December 2016

Hello Bharat/Dohab,

Thanks so much for the reply. Appriciate it.

My main question is Will is registered with testator signature and it is a handwritten will.

I want to start the probate procedure tomorrow.  But do I need any letters from the witness stating the authencity of the signature?

Kumar Doab (FIN)     07 December 2016

Your query in 1st post and subsequent query, main query has already been answered.

Probate is mandatory in presidential towns of Mumbai,Kolkota, Chennai..................

You may submit WILL to act upon the WILL.

 

 

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 December 2016

Registered WILL is only enough to get Probate Order. File an application for probate along with copy of registered will.

Kumar Doab (FIN)     07 December 2016

You may submit WILL to the authority under whose jurisdiction property falls, to act upon the WILL.  

 


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