Will

Assistant Manager (Law)

A man has immovable properties at two places. He wants to prepare common/ single 'will' for properties located at both the places.

(i)   Where can he register his 'Will' ?

(ii)  Can he register his 'Will' at the third place where he is residing temporarily on rent and where he does not have any property to be disposed off through 'Will'?

 
Reply   
 
Advocate

Sunil ji, a will need not be registered compulsorily. However, it is a strong evidence that the proper parties were present before the registrar and attested the same after ascertaining their identity. Once a will is registered, it is placed in the safe custody of the registrar. so, here, a will can be registered at any place where he is residing temporarily. Only thing is, will is released only to the testator or authorised person who produces the death certificate.

 
Reply   
 


Assistant Manager (Law)

Suchitra Ji! Thanks for your valuable inputs. But in this particular case, the Registrar refused to register the Will stating that the person does not have any property (mentioned in the Will) in the area/ place within the Registrars' jurisdiction. As an alternate, he advised to put some fictitious property details within the area of his jurisdiction which the person concerned declined to do. Was the Registrar legally correct to deny registration, if not, what were/ are the options available to that individual for getting the Will registered at that place?

 
Reply   
 

Hi Sunil, there is no stamp duty evading in this transaction  and registrar can not deny to register the will in his jurisdiction. Indiviual has a right to register his/her will at the place where he resides or takes his/ her  last breath.

 
Reply   
 
Advocate

Mr.Ajay K.Tyagi is absolutely right.  An individual has every right to register his/her will at the place where he resides. 

TQ

 

 

 
Reply   
 
Corporate affairs Taxation and Law Consultants Advocate

A WILL is depend on the facts given below:-

1.Age factor-If the person is oldest or bed ridden,The WILL/CODICILS made any where in the country with reasons of the WILL.

                      If the person is healthy and able to move any where in India,The WILL/CODICILS made at the place where the property or assets established.

 
Reply   
 
Corporate affairs Taxation and Law Consultants Advocate

A WILL is depend on the facts given below:-

1.Age factor-If the person is oldest or bed ridden,The WILL/CODICILS made any where in the country with reasons of the WILL.

                      If the person is healthy and able to move any where in India,The WILL/CODICILS made at the place where the property or assets established.

 
Reply   
 
Corporate affairs Taxation and Law Consultants Advocate

A WILL is depend on the facts given below:-

1.Age factor-If the person is oldest or bed ridden,The WILL/CODICILS made any where in the country with reasons of the WILL.

                      If the person is healthy and able to move any where in India,The WILL/CODICILS made at the place where the property or assets established.

 
Reply   
 
Corporate affairs Taxation and Law Consultants Advocate

A WILL is depend on the facts given below:-

1.Age factor-If the person is oldest or bed ridden,The WILL/CODICILS made any where in the country with reasons of the WILL.

                      If the person is healthy and able to move any where in India,The WILL/CODICILS made at the place where the property or assets established.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu