Registered will

Any WILL unregistered/registered can be contested.

A registered WILL may not be easily set aside atleast on counts of authenticity.

Is there any remedy so that the registered will cannot be contested in any court in India if the same is authentic, plz advise me ?

The legal heirs of restator may agree to sign NOC and accept the WILL and do not contest the WILL.

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.

Can married daughter raise objection if mother is willing to execute will in favour of her son on the ground that married daughter is staying forcible with her and and behaving against the social accustom.

Would you post full facts and details in one post! 

Is mother owner, title holder of the whole of property that is to be disposed by WILL?

Thanks, my only younger sister is already married and she neither taking divorce not ready to stay with her husband. She has planning to get second marriage with divorce and have been betraying us at every moment and maligned our social status. She is not in sound mind. We have spent a lot of money in her treatment and daily expenses since last two years. She is neither ready to stay with her husband nor taking divorce. She might have affairs with more men. On ground of her betrayal and not in sound mind my mother & every family members have been facing extremely tortured in their personal & family lives. Finally my widow mother decided to execute will in my favour. Can she execute registered will on ground of her abnormal behaviour against social customs & family reputation and a number of cases of betrayal and making us fool to emotionally black mail us. My father is no more and we have only option to get rid of her to get registered will in my favour. Hope these information will help us to get a solution for foreceforever.

Thanks, my only younger sister is already married and she neither taking divorce not ready to stay with her husband. She has planning to get second marriage with divorce and have been betraying us at every moment and maligned our social status. She is not in sound mind. We have spent a lot of money in her treatment and daily expenses since last two years. She is neither ready to stay with her husband nor taking divorce. She might have affairs with more men. On ground of her betrayal and not in sound mind my mother & every family members have been facing extremely tortured in their personal & family lives. Finally my widow mother decided to execute will in my favour. Can she execute registered will on ground of her abnormal behaviour against social customs & family reputation and a number of cases of betrayal and making us fool to emotionally black mail us. My father is no more and we have only option to get rid of her to get registered will in my favour. Hope these information will help us to get a solution for foreceforever.

You have not responded to:

Is mother owner, title holder of the whole of property that is to be disposed by WILL?

How did mother acquire the property; self earned/acquired, or is it absolute or acquired from parents, husbands side?
Are you all HIndu?

The said proeprty is in which state?

The said property is; agricultural land, building, rural, urban?

after death of my father, my self and my mother's name without my sister as legal heir were updated in mutation records as the owner of residential plot purchased by my father in Dhanbad district in Jharkhand state for payment of rent. As on date in records myself and my mother is the owner of the said residential plot. We are all hindu, my sister is married with intercaste boy in March, 2016, but still staying with us.The said residential plot is in Dhanbad town which it urban. Plz confirm if any more information required.

limitation is important.

limitation is important.

request to please help me urgently