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sy   04 September 2018

Errors in a registered will

My father had left a registered will for the inheritance of his house, which is located in Hyderabad. Now he is no more. However, when I tried to transfer the house on to my name according to his will, I was told that the will is invalid and the transfer couldn't be done because the document number of the house registration that was mentioned in the will was wrong. It is a typographical error. However rest of the information such as property address etc are correctly stated in the will. First, I would like to know if a registered will can become invalid for the above mentioned reason? If yes, are there any options to rectify the typo made in the will?
Thank you so much.



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 2 Replies

Kumar Doab (FIN)     04 September 2018

Telling, saying, told, asked are all verbal communications and difficult to prove.

Is the repy of authority in writing?

Kumar Doab (FIN)     04 September 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.

 

 If WILL is invalid then it becomes matter of succession per personal law that applies.

Check locally and comply with procedure.

 

Inquire from O/o registering Authority that registered the WILL if any form was submitted with annexures and obtain authenticated copies..

 

 


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