Registration of will
Pawan Mittal
(Querist) 29 August 2008
This query is : Resolved
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 August 2008
no one can registered any other's will after his death but that can be executed only after the death of testator.
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Srinivas.B.S.S.T
(Expert) 29 August 2008
Section 40 of Indian Registration Act 1908
empowers the registration of a will or a gift deed after the death of testator or donor.
Section 40 reads as follows "
1. The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration.
As per Section 41 it shall be registered in the same manner as any other document. Awaiting views of other members of the forum Regards. Srinivas BSST
SANJAY DIXIT
(Expert) 30 August 2008
I cocur with the views made by Sri Srinivas. 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.
