Will
R Manjunath
(Querist) 07 July 2018
This query is : Resolved
srinivas has made a will without any registration . and then srinivas had been dead . later mahesh srinivas's son goes to sub register and register's the will. mahesh will go to civil court and he will apply the probiet , court will allow the probiet. court will asks the withness and check the evidence, later court accept all this. court gave the final judgement date. the court have asked us to present the sitation copy details of any other person or any other similar to this case.
i need the sitation copy details if anyone have please gave me sir
Kumar Doab
(Expert) 07 July 2018
The said citation (sitation) for probate (probiet) is required for what specific purpose, need, use,reference.
Your query does not make IT clear.
Kumar Doab
(Expert) 07 July 2018
Your own senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt….. should have satisfied the court and your need for citation.
Ms.Usha Kapoor
(Expert) 08 July 2018
Your query is not clear.Contact a local good lawyer.;.
Ms.Usha Kapoor
(Expert) 08 July 2018
Your query is not clear.Contact a local good lawyer.
Sudhir Kumar, Advocate
(Expert) 08 July 2018
rinivas has made a will without any registration . and then srinivas died .
THE WILL IS VALID NO NO FRAUDULENT REGISTRATION SHOULD BE ATTEMPTED.
later his son mahesh goes to sub registration ofice to get the will register.
HOW CAN HE DO IT WITHOUT HIS FATHER BEING THERE.
later mahesh will goto civil court and he will apply for probiet,
WHY NOT NOW.
court will allow the probiet.
HOW YOU ARE SURE
R.K Nanda
(Expert) 08 July 2018
Repeated query thus no reply.
P. Venu
(Expert) 08 July 2018
It is not mandatory that a Will be registered. However, the facts, as posted, are confused and lacks clarity.
Kumar Doab
(Expert) 08 July 2018
Same Query;
http://www.lawyersclubindia.com/experts/Will-685891.asp
Kumar Doab
(Expert) 08 July 2018
IT is/was possible to register the WILL after death of testator that is why registering authority registered IT.
GO thru;
the registering officer, before finally accepting it for registration, shall W.P.(C) 1303/2013 page 1 of 10 satisfy himself that the person presenting it has legal authority to do so. The persons who may present a document for registration are the following-
a) In the case of a Will, the testator, and after his death, any person claiming under it as executor or otherwise;
Delhi High Court
Bachita Baruah vs Govt Of Nct Of Delhi & Anr on 27 February, 2013
Author: V. K. Jain
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V.K. JAIN
ORDER
https://indiankanoon.org/doc/109246138/
Kumar Doab
(Expert) 08 July 2018
You were asking citation as above or on something else.
Show IT to your own very able LOCAL senior counsel of unshakable repute and integrity
specializing in testamentary/civil matters and well versed with LOCAL applicable rules/laws and
having successful track record…. and worth his/her salt
Kumar Doab
(Expert) 08 July 2018
It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Kumar Doab
(Expert) 08 July 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
Check locally and comply with procedure.
Kumar Doab
(Expert) 08 July 2018
As per your post given below;
If registering authority registered WILL after death of testator then apparently Executor, beneficiary,
witnesses appeared before authority and consented to genuineness of valid WILL..
This gives you another opportunity to claim the WILL being genuine..
"srinivas has made a will without any registration . and then srinivas died .later his son mahesh goes
to sub registration ofice to get the will register. later mahesh will goto civil court and he will apply for
probiet, court will allow the probiet. court asks the withness and also checks the evidence . court will
accept the withness and evidence. court will give the final judgement date . the court have asked
mahesh to present a sitation copy details of others , whos similar to this case. i need the deatail of
this case sir please give me"
Ms.Usha Kapoor
(Expert) 09 July 2018
Agree with Sudhir Kumar and Venu.
Ms.Usha Kapoor
(Expert) 09 July 2018
Agree with Sudhir Kumar and Venu.
