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Boopathi   17 June 2016

Unregistered will

Sir, 

my (late)grandfather died on 1993.he married two wifes and after the dead of first wife he married second wife.

first wife(late) have 2 dauughters

second wife have 2 sons and 2 daughters

second wife 2nd son died on accident and he is unmarried.

my grandfather written the will  in plainsheet on 1993 and it was not registered til date.

in will written as the property belongs to me and bought by me are divided into 3 equal shares

and the shares handover to following persons 1.second wife 2.second wife 1st son 3.second wife 2nd son(late)

second wife i.e my grandmother willing to settle the property to her 1st son(second wife 1st son)

how i proceed the settlements??????????????

 



Learning

 6 Replies

Kumar Doab (FIN)     17 June 2016

The will on plain paper should be valid if it satisfies the conditions for validity of the WILL.

The unregistered WILL is also valid.

1st the WILL may be executed.

The authority under whose jurisdiction the property falls may be approached to know the procedure,forms etc for intestate succession and process/procedure completed.

Once the respective shares are mutated in the names of beneficiaries in the WILL they shall attain the status equal to that of owner.

Owner can dispose his share/property  in his/her lifetime as it pleases to her/him e.g; by a valid settlement/release/relinquishment/sale/gift/transfer deed etc or by valid WILL.................. 

 

Boopathi   17 June 2016

Thanks for your valuable advice sir, and the property all of them in name of(late grandfather only sir) and now i proceed with unregistered will or just get settlement from grandmother(i.e second wife)she contains her share and her 2nd son share also. if i go for settlement means they legal heir certificate and in the settlement (mention as her and her 2nd son property or as unregistered will property as 1/3share on that 2 shares) i am residing in tamil nadu . i consult the advocate he told its valid unregistered will sir...............thanks in advance sir

Kumar Doab (FIN)     17 June 2016

You have posted that;

"in will written as the property belongs to me and bought by me are divided into 3 equal shares

and the shares handover to following persons 1.second wife 2.second wife 1st son 3.second wife 2nd son(late) second wife i.e my grandmother"

And

 

"and the property all of them in name of(late grandfather only sir) "

 

Both are contradictory.

 

You may clarify: who are all benficiary in the WILL?

 

Also your second post is not drafted properly and is not clear!

 

In any case the procedure has been explained.

You may approach the authority. In such cases death certificate, attested copy of WILL, is usually required. The authority may ask for signature of all other legal heirs or WILL may have to be probated.

 

Are in Chennai? If yes probate is manadatory.

 

 

 

Boopathi   17 June 2016

"in will written as the property belongs to me (grandfather) and bought by me (grandfather) are divided into 3 equal shares

and the shares handover to following persons 1.second wife 2.second wife 1st son 3.second wife 2nd son(late) second wife i.e my grandmother"

And   "and the property all of them in name of(late grandfather only sir) "

1.second wife  (grandmother for me)

2.second wife 1st son  (he  only enjoying all the property(i.e my father))

3.second wife 2nd son(late)  (legal heir is his mother i.e second wife)

sir my question is

1.first i go for legal execution of unregistered will

or

2.i get the settlement/gift settlement/will  from my grand mother (i.e second wife  of my grandfather)

if i go settlement means in that what i mention it as per (will) or legal share.

without execution of unregistered will.

thanks for reply and  advice Sir................

Boopathi   17 June 2016

Sir ,

if i go for legal execution of unregistered  will means  where i execute it

because my granfather expire in1993 (23 years back)

 

thank u Sir

Kumar Doab (FIN)     17 June 2016

You have not been able to clarify.

The WILL is 23 years old, unregsitered, not executed,..............................and suspicions may sorround it.

Better engage a very able counsel for a considered opinion after due examination of all docs, facts and inputs.


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