Mother's registered will
william lobo
(Querist) 07 July 2010
This query is : Resolved
Can anyone tell me the importance of the registered will. What happens if the registered will is opened only after 20 yrs after the death of the mother?
Does the will lose importance if after period of 20 yrs??
If property subdivision was done without will and now after 20 yrs can the subdivision be done again as per the registered will??
A V Vishal
(Expert) 07 July 2010
Under section 18 of the Registration Act the registration of a will is not compulsory.
It is a strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity.
A Will must be proved as duly and validly executed, as required by the Indian Succession Act.
Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.
It shall be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate.
The cover should be super scribed with the name of the testator or his agent with a statement of the nature of the document.
What happens if the registered will is opened only after 20 yrs after the death of the mother? Does the will lose importance if after period of 20 yrs?? If property subdivision was done without will and now after 20 yrs can the subdivision be done again as per the registered will??
There is no hard and fast rule when the will is to be probated, however since the division has taken place it is possible that some assets might have been sold off by the beneficiaries, thus making the will infructious and open a pandora box and other legal complications.
Raj Kumar Makkad
(Expert) 07 July 2010
Delay has to be duly explained by beneficiaries of the will. If the property has further been diverted/disposed off and has been out of the hands of the parties to the will so courts shall have to deal such case with great care and caution. No definite comment can be passed about the fate of the will.
