About will
Pradeep
(Querist) 28 June 2012
This query is : Resolved
Respected Sir,
My father wrote an unregistered WILL. After his death I have applied for Probate of the WILL. Unlike registered WILL for which we can create many true copies simply by applying to the Registration department where the Will was registered, with unregistered we can not create an extra true copy. So what will happen if the original unregistered WILL document is lost. My sister is trying to destroy the original document so that she can grab more property than what was bequeathed to her through the WILL by removing case papers from the court. Already she has succeeded in doing so.
So can we request the court to create 2 or 3 true copies of the original document by applying to the probate court so that we are in a safe mode. Would these true copies have legal validity as the original document. In other property cases can we use these true copies without revealing the original document.
A V Vishal
(Expert) 28 June 2012
You can register the will now through the executor named in the will.
M/s. Y-not legal services
(Expert) 28 June 2012
if its unregistered WILL mean always its liable to challenge., whether its genuine or fabricated..
so Will mean for its legal validity its should be registered. in rare circumstances if its not possible mean we can prove/challenge by witness peoples.
-y.not legal services-
M/s. Y-not legal services
(Expert) 28 June 2012
if its unregistered WILL mean always its liable to challenge., whether its genuine or fabricated..
so Will mean for its legal validity its should be registered. in rare circumstances if its not possible mean we can prove/challenge by witness peoples.
-y.not legal services-
adv. rajeev ( rajoo )
(Expert) 28 June 2012
If you have already produced the will in the court, you can file an application to keep the will in the safe custody of the court.
adv. rajeev ( rajoo )
(Expert) 28 June 2012
If you have already produced the will in the court, you can file an application to keep the will in the safe custody of the court.
N.K.Assumi
(Expert) 29 June 2012
There are two matters before the Sub reguistrar in the matter of WILL. First you may regiastered the will or you may Deposit the will in the office of Sub registrar both of which are optional.Depositing the WILL safeguard your will, which is opened only after the death of the Testator, as even the Sub registrar can not open it till the demise of the Testator.
V.Mahadevan
(Expert) 29 June 2012
In the given account (party trying to grab more than what is due to the party), the aggrieved person has the option available in terms of challenge on grounds of fraud/ undue influence.
Pradeep
(Querist) 29 June 2012
Respected Sir,
What is the process to register the Will now. What are the formalities to be fulfilled before the sub registrar to register the unregistered Will.
A V Vishal
(Expert) 29 June 2012
The claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar. If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register.
Pradeep
(Querist) 30 June 2012
Respected Sir,
After getting probate, what are the formalities to be fulfilled to get the WILL registered through the Sub-Registrar. Can my opponent(sister) oppose this registration. If so then on what grounds.
A V Vishal
(Expert) 30 June 2012
Once probated will cannot be challenged, as such there is no need of registration.
V.Mahadevan
(Expert) 01 July 2012
My response is short and to the point.
For any guidance in procedural matters, the querist will be better served by a professional within his reach.
mahadevan
