Unregistered WILL !
Querist :
Anonymous
(Querist) 11 March 2010
This query is : Resolved
Dear Experts of the Forum,
Some where in the same EXPERTS forum, i read The unregistered Will is not use full, and court will not accept the same . Is it true?
Is there any limitation if it is not REGISTERED?
Who can Challenge the unregistered WILL?
In particular case, the property had come to a person Mr.A (dead now) from Mr.B ( Through Registered WILL, long back,and this is not challenged by MR.B, at any time in his life time!). Mr. A parted this property to his Off-springs...A1, A2, etc.,Can off-springs of Mr.B, challenge the Will of Mr. A, which is unregistered? This pertains to the state Of A.P.Is probating is necessary in A.P state?
With regards,and advance Thanks to All forum members, expecting point wise reply to my QUERY.
Raj Kumar Makkad
(Expert) 11 March 2010
Unregistered will if duly proved is legally admissible and it cannot be treated as inferior to that of registered but in the given circumstances, as the will has not been got probated by A before parting it to his off-springs, the legal heirs of B can legally get claim for the ownership of the property left by their father/predecessor-in-interest and let the matter be decided by civil court.
B K Raghavendra Rao
(Expert) 11 March 2010
It is not compulsory to register a WILL but it is better if registered. A WILL can be challenged either by legal heirs, if they have proper reasons to do so. There is no limitation of an unregistered will. Unregistered or registered will has its sanctity and legal value. Mr. B's offsprings may challenge the will if they have reasons to do so.
Rajeev
(Expert) 11 March 2010
Every will whether registered or not has its legal value. I WILL which is unregistered n latest is more valued than the WILL which is registered.If the WILL is challenged in court of law than the person have to proved.
James Arun
(Expert) 12 March 2010
No limitations. Latest valid Will has to be proved in the jurisdictional District or High Court.
Anyone can contest the Will, if they have any interest in the estate of the Testator.
In your specific case, B's heirs can contest the Will of A.
You can prove the Will by filing a Probate Application in the appropriate court. B's heirs can choose to contest it and the Court will decide based on merits.
Good luck!
James Arun
arunkumarpj@gmail.com
