Legality of an allegedly registered will
Kartik Sehgal
(Querist) 01 September 2012
This query is : Resolved
My query on legality of an allegedly registered Will not submitted to a Court re property in Mumbai. Will has the Stamp of the Sub-Registrar, but bears neither initial nor signature to indicate the Official who has witnessed the registration of the Will. As per Section 139 of the CPC, under rule 391 (the Marking of a Will) - Every will, copy of a will or other testamentary paper, which is sworn to or affirmed by an executor or administrator, shall be marked by the person before whom the oath or affirmation is made. As per the Mumbai High Court (Side Rules) dealing with Affidavits, a Court Officer must initial or sign a sworn document, so as to be able to testify later to verify the document. How legal is a Will that has not been so signed as a formally registered document?
sukanya (Joyce)
(Expert) 01 September 2012
Hope the will is not registered, if it is registered along with the official seal, it bears the signature of the sub-registrar. just try for getting the certified copy of registered will in that office to check entry of registration is made or not. If it is registered, then it hold legality.
Kartik Sehgal
(Querist) 02 September 2012
Thankyou for your prompt response.
Io claeify, does the Seal of the Sub-Registrar's office suufice as verification of the document's validity, though there is No attesting signature of an opfficial on any document
What I have received from my brother is the e-mailed copy of the Will a photocopy of which is with him. Will the certified copy at the Reistrar be different, when the Law I presume says that all copies incl original must be signed by the Court Officer? Please clarify a layman's presumption.
Yogesh Anand
(Expert) 02 September 2012
Please get a certified copy first and all the queries will be resolved.
prabhakar singh
(Expert) 02 September 2012
UNLESS A WILL IS ATTESTED BY 2 WITLESSNESS VERIFYING THE EXECUTION OF WILL BY TESTATOR THE WILL IS NOT LEGALLY AND FORMALLY EXECUTED
IS MY VIEW.
Kartik Sehgal
(Querist) 03 September 2012
Dear Experts,
Thankyou for your replies. I am trying to obtain a certified copy of the registered Will from the Registrar's office thru a lawyer,as I do not reside in Mumbai.
However, a response to my Query reg the validity of a Will, apparently properly executed by the testator (who was 88 yrs old and ailing at that time)and allegedly registered with the official sealof the Court, though no succession certificate or NOC of other heirs (6 in no's) obtained.
Is it not mandatory that the verifying officer sign to attest the Will apart from placing a Seal on the document, so that he/she can be asked to verify the attestation later as per law. Is the Will VALID AS A REGISTERED Will without the official signature"? i AM QUESTIONING THE VALIDITY OF THE REGISTRATION OF THE DOC.
