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Rash (i)     18 January 2012

Will document unregisterd

Hi,

My uncle (brother of my mom) had writtern a Will document which has not registred before 5 years ago. Before one year he got sudden death because of heart attack. Now i found the will document written by him which contains granding authority to me .

Please clarify .

Whether it is valid , because it is not registerd to any office.

If yes what is the next procedure to be done.

 

 

Thanks and regads,

Rak



Learning

 6 Replies

Sameer12345 (SSE)     18 January 2012

 

An unregistered Will does not mean that the Will is invalid...  It is fully valued and valid document.

 

Is there any will executor mentioned in the will?

Rash (i)     18 January 2012

Thank you for your reply.

It describes full authority to me.. means it gives all the authority to me in his all existing properties. Written in legal paper (green paper) .

What is the next step to do ?

Thanks in advance.

rak

Renu Sharma (advocate)     18 January 2012

will is valid as it cab be registered at any time and its your free consent to register it or not. next step is if u want to register then register it and get the will executed.

Rash (i)     18 January 2012

Is any time restriction to register it? wheter i need to go to court for executing it?

ajay sethi (lawyer)     18 January 2012

if your uncle has made will in your favour apply forprobate of will . it is judicial proof that will is genuine . if tomorrow other relatives challenege your share in uncle property you cna always show that you have obtained probate . contact a local lawyer

Chaitanya_Lawyer_Mumbai (Lawyer)     18 January 2012

A will need not be a registered document or need not even be on a stamp paper.

It can be on simple paper with 2 witness signatures who are not beneficiary.

As in your case no witnesse signatures are there,you need to probate it.

If any of his immediate legal heirs (his brothers or their children) objects authenticity of it in probate,it will be examined through handwriting experts.


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