UNREGISTERED WILL
Querist :
Anonymous
(Querist) 22 June 2010
This query is : Resolved
My father died having written an unregistered will in his own hand writing which runs in two pages, but he has not signed on the first page. Will is made in detail in the presence of two witnesses who have duly signed annotating the date.
How the will can be Registered now for smooth dispensation of its contents.
In order to get it registered, application was rejected in first attempt without any enquiry on the matter.
A V Vishal
(Expert) 22 June 2010
Each page of the will should be signed by the testator along with the witnesses, in absence of the same its likely to be challenged. Further your query is silent about the executor named in the will.
G. ARAVINTHAN
(Expert) 22 June 2010
It is valid if the Will is scripted on front and back page
barun deka
(Expert) 22 June 2010
a will cannot be registered after the death of the executant(your father in this case) but you need not worry because registration of will is not compulsory. the vital requirement is that it should be attested by two attesting witnesses which seems to have been done in the present case.
As regards the missing signature, the executant must sign the will in a place and in amanner as to clearly suggest his consent regarding whatever is written in the will.
i suppose you have a fair chance of proving the will provided the attestation is proper.
if an executor is named you may approach the District Judge for Probate, if no executor is named approach for Letters of Administration.
It'll be easier if nobody submits any objection
Sachin Bhatia
(Expert) 22 June 2010
Each page of the will should be signed by the testator along with the witnesses.
A. A. JOSE
(Expert) 22 June 2010
Registration of Will is possible even after the death of the testator. Any person claiming as executor or otherwise under a will, can present the will to the Registrar or Sub-Registrar for registration. Please note that no time-limit has been prescribed under the law for registering the will and hence a will may be presented for registration at any time. Section 27 of the Indian Registration Act 1908 may be referred. Provision regarding registration of will have been given in section 40 and 41 of the Indian Registration Act. However, it may please be noted that there is no legal compulsion for registration of will.
When a will is presented for registration by any other person entitled to present,it will be registered if the registering authority is satisfied that:-
i) the willwas executed by the testator;
ii) the testaator is dead; and
iii) the person presenting the will is
entitled to present the same.
It will be relevant to note that the registration of the will is not the proof of the testamentary capacity of the testator in view of the fact the Registrar is not required to make any enquiry about the capacity of the testator except where the testator appears to him to be a minor or an idiot or lunatic.
Although it would have been prudent for the testator to sign each page of the will alongwith the attesting witnesses, it is not the mandatory requirement and if the Attesting Witnesses vouchsafe about the authenticity of the will, you can be sure of a probate.
With best wishes,
Sukhija
(Expert) 22 June 2010
will is signed by the testator and written in his own handwriting signed by 2 witnesses, is a valid will. now after the death of testator , in my opinion it cannot be registered.
u can proceed for probate or if not objected by anyone execute the will.
niranjan
(Expert) 22 June 2010
I agree with Sukhjija.
A V Vishal
(Expert) 22 June 2010
Mr Jose has rightly suggested the procedure, I completely concur with him.
adv. rajeev ( rajoo )
(Expert) 22 June 2010
