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Deepak (Agent)     18 September 2017

Help/guidence-reg

Respected All Experts,            Date 19/09/2017.

good evening to all

I would be grateful if experts on this forum could give suggestion/guidance.

The facts are as under:-

Will was made on 15th January,2016 by testator along with doctor certificate, certifying Testator physically and mentally sound and fit.

Testator appointed two executor, the full address of executor mentioned in will.   

Testator singed the will  in presence of two witness,

Will contained property details i.e. survery no. part no.village, taluka & District,

Each pages of will signed by testator and witness.

Will is not register with land registrar office.

now testator expired on 19th August,2017.

My questions are-

How to implement the said will / procedure ?

Whether executor or beneficiary can submit application directly to village Talathi Office along with copy of will for implication of said will ?

Now whether will have to register with land registrar office ?

what is time limit for submission of application for implementation the said will ?



Learning

 5 Replies

GANDHI MOHAN BHARATI (Pensioner)     19 September 2017

You cannot register the Will now.

Unregistered Will is also valid.

If any propert is in a metro you have to probate it in a High Court of jurisdiction.

You can also apply to the t local Court. to appoint you or the beneficiery as administrator.

You can consult an advocate on the process. The court will ask you for the death certificate and names and addresses of other legal heirs and after due notice to them and on no objection issue you probate or administratorship

Deepak (Agent)     19 September 2017

To                 dt 19/09/2017.

Shri Gandhi Mohan Bharati,

respected sir

Thanks for help/ guidence.

I would like to mentioned that a testator had   purchase the said property from personal saving and the property is in Raigad Disctrict [rural area].  The last wish of a testor is that the said property should be given to only two sons. [as mentionedin will] but at present there are another two legal hairs.[one son and one daughter] It is necessary to take noc from them ortherwise.  

​with warm regards

​deepak

GANDHI MOHAN BHARATI (Pensioner)     20 September 2017

IF the testator had  purchased the said property from personal saving and the property then it becomes his self earned property. He can bequeth the same by Will to anyone he pleaSES IRRESPECTIVE THE NUMBER OF LEGAL HEIRS; In fact he can bequeth it even to a streanger.

You better seek adminitrative rights from the local court. If the others contest the Will, then it shall become a suit.

They must have valid grounds such as forgery or unsiund mind or such other things.

 

Deepak (Agent)     20 September 2017

To                 dt 20/09/2017.

Shri Gandhi Mohan Bharati,

respected sir

Thanks for guidence.

At present the other legal hairs agreed with will. I will sure they will not take any objection in future also.

with warm regards

deepak 

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=154140

GANDHI MOHAN BHARATI (Pensioner)     21 September 2017

Please take "No Objection" with proper witnesses and date and location of signature to avoid any future disputes


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