Registration of a will

This query is : Resolved 

28 July 2009

Is it necessary to register a will? If so & if not can you please mention the relevant law,section/case law? Plentif's father had self earned property. He passed entire property to his elder son only child alive. His younger son was deceased much earlier. Plentiff's father had written a will in his own handwritting, with a doctor and a CA as witnesses;in which he decleared the only alive son as legal heir and extended complete ownership of the property. Can the widow of the deceased brother still claim share in the property?

A V Vishal (Expert)
28 July 2009

It is not essential to register the will, according to the facts of the case the elder son is the legal heir to the entire property, the deceased brother's wife cannot have claim over the property.

Kiran Kumar (Expert)
28 July 2009

Vishal has replied correctly.

registration of will is not necessary...consequences to follow as adviced.

Syamantak Kshirsagar (Querist)
29 July 2009

Thank you for the answer. can you please mention the relevant law,section/case law, which allows unregistered will?

Y V Vishweshwar Rao (Expert)
29 July 2009

Section 18 (C ) of Registration Act the Will Deed Registration is optional- Not Cumpulsory !

ad. creaminall (Expert)
29 July 2009

if the will is not registered and if the widow of the deceased brother have any doubt about the preparation or genueness of will then she can challange the said will in the court.

Syamantak Kshirsagar (Querist)
29 July 2009

Plentif is seeking heirship certificate from Tahsildar. Tahsildar says that in this case as per Hindu code bill, he has to declear both The son and the widow as heir. He can't accept the will. If plentiff has to get remedy he should approach the court. can the plentiff get the tahsildar drop the name of the widow based on the will?

Y V Vishweshwar Rao (Expert)
30 July 2009

1- Legal Heir Certificate , is , as per the close Family members & relationship/s

2- Entitlement of the property is as per the Will deed directions !

3- In the legal Heir Certificate the other family memers names are included , it is not delcaration that they are entitled to the proerty against the Will deed directions !
Apply the same to your case facts !

Manish Raghav (Expert)
31 July 2009

there is no legal binding to register a will

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