How to get acopy of registered will

C.C.SHANKAR (Querist) 07 December 2012 This query is : Resolved
i have purchased a land in 2000 year from a person, and the document is also registered at subregistrar office. but now i have approached a bank of housing loan. i was asked for the link document, which i have no knowledge about it. after that i have approached a legal advisor. as per advice of the legal advisor i have obtained a will copy from the seller of the land. the will is prepared by the father of the above seller in 1983 year. by that time the will executant is at the age of approx 60 years and also suffering some health problems. to day the bank legal advisor is insisting me for the registered will copy, and i approached the subregistrar office for the certified copy of the will they asked me for the death certificate of the executor of the will, and it is not bocoming possible for me to get a death certificate of the person who was died nearly 25 years ago.can you please guide me in the matter.

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Harshada Shukl Kulkarni (Expert) 07 December 2012
Dear Mr.Shankar,

From the details given by you, it's not clear that whether the Will is registered or not ? If you have the registration number then the sub-registrar has no right to deny the certified copy of the Will if you properly apply and pay the required fees. You can even question him and ask him to show such rule/notification to that effect.

Alternately, through any search clerk you can get search and obtain the certified true copy through him.

Sachin Bhatia (Expert) 07 December 2012
Tell them that, you are the present owner in possession of the property and also show them the sale deed.

prabhakar singh (Expert) 07 December 2012
True that copy of a registered will is given on certain satisfaction under rules.In stated circumstances existing before you an affidavit of yours to the effect that testator has died and you have purchased from his son who is beneficiary of the will may and must serve your purpose.

Nadeem Qureshi (Expert) 07 December 2012
I agree with Mr. Prabhakar

Raj Kumar Makkad (Expert) 08 December 2012
A registered will cannot be provided to any other person during the life time of the testator of the will so office of registrar is correct in its approach. Now you have the problem to search the death certificate of such person.

Approach the seller and get his help in tracing out the death certificate of his father.