Gaurav Guglani (DGM - Finance & Accounts) 29 July 2014

Unregistered will

My father expired in the year 2008, in most of the investment he has made the nomination but at few places the same was not recorded.

Legal heirs include My mother, my 2 happily married and settled elder sisters & my self.

We have found a signed but not registered / not witnessed WILL of our father. As per the will all benefits of movable/ immovable property should go to our mother.

By the grace of God, there is no dispute in the family and all children are ready to relinquish the rights in the favour of mother.

The question is can we get the investments in shares etc. (where there is no nomination filed) transferred in the name of mother without going through the long procedure of succession certificate or there is any alternate way to enforce the contents of the Unregistered Will.

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6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 29 July 2014

Dear, Will is not required to be registered, it is just required to be attested. Yes, you can do that for shares. Advocate kapil chandna.9899011450

Kumar Doab (FIN) 29 July 2014

Since all of you are willing to relinquish your rights in favor of the mother you can do so.

A lawyer dealing in such/revenue matters can help you.

Nomination does not overrule succession. Nominee is only trustee..................a hand to receive the payment from institution and distribute to successors/legal heir.

All family members can approach the BM of respective institution with death certificate original and copy, claimants ID original and copy,KYC docs,and complete the formalities jointly and BM can make the payment to one of the legal heirs.

Supreme Court of India has decided that:

--"An intention to bequeath property on “a piece of paper” doesn’t constitute a valid will and it has no legal sanctity unless registered and attested by two independent witnesses.

--Also, if a widow has inherited a property on the basis of a will, she cannot claim absolute rights over it.

N.K.Assumi (Advocate) 30 July 2014

Yes, registration of WILL is optional.

Amit Gupta (Advocate) 31 July 2014

Dear Gaurav,

first of all question of relinquishment does not arise as the properties were purchased by ur father, so u have no right in the properties when a will is already there in favor of your mother.

secondly successesion certificate is not very tough in ur case, though it is again optional if dnt reside in mumbai, surat, Calcuta and chenai. just by filing a copy of will and NOC of other hairs shares will be transffered in name of ur mother.

regards

Amit

Gaurav Guglani (DGM - Finance & Accounts) 01 August 2014

Thanx everyone for your valuable opinion.

Dear Kapil Ji & NK Assumi Ji

What I understand from your reply is if we get the WILL attested (please guide who is competent to attest the same in this case) the same shall be legally binding. Can we refer to any provision in this regard. Taking a cue from the Hon'ble Supreme Court quoted by Mr Kumar in the thread please guide if the same is not applicable.

Dear Amit Gupta Ji

The matter of relinquishment was referred in case we need to go for succession certificate being the only available option. We reside in Delhi.

For the matter of DMAT account and other shares held in physical format, where there is no registration of nomination filed, what I understand from your reply is the given procedure can be followed for transferring the rights & benefits therein in favor of my mother.

Please correct me if I am wrong.

Thanx again.