Publc document

shyam lal (Querist) 12 October 2020 This query is : Resolved
I have my demised mother's Registered WILL .does this document amount to be considered as a Publik document or a private document?

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A registered Will, despite being recorded, is legally considered a private document, not a public one under the Evidence Act. While the registration entries themselves might be accessible, the Will's content remains private. You can sell inherited self-acquired property without first mutating it into your name, but the purchaser will likely need to complete the mutation process to establish a clear chain of ownership.

Isaac Gabriel (Expert) 12 October 2020
Registered document is a pubic one.

shyam lal (Querist) 12 October 2020
As per the WILL I am the sole heir to her self acquired property Query is that without getting. The mutation done in the corporation revenue records can I sell the property?

Isaac Gabriel (Expert) 12 October 2020
You have every right to sell.

shyam lal (Querist) 13 October 2020
At present the property is mutated in my late morthers name .have I to first get the mutation done in my name and then can I sell or without the mutation in my name I can sell. Kindly clarify.

Rajendra K Goyal (Expert) 13 October 2020
Either the purchaser or you mutate the property of your mother in your name first to complete the chain.

K Rajasekharan (Expert) 13 October 2020
A Will, even though it is registered, is not a public document as per Evidence Act, but a private document only.

However the document in the registration office carrying the entries relating to the Will can be treated as a public document.

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shyam lal (Querist) 13 October 2020
Kind attention Expert R.K. Goyal as per law do I have to mutation first or purchaser.the problem lies here.this is a serious legal clarification?

Advocate Bhartesh goyal (Expert) 14 October 2020
As per sec 74 of Indian Evidence Act,Registered will is not a public document nor its registration entries in sub registrar office comes under purview of public document.

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