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Manoj Mishra   27 August 2017

How to claim property based on unregistered will?

My grandfather wrote an unregistered will stating that after his death the property will belong to me. 

1. As per the Registration Act, 1908, wills do not require compulsory registration.

2. Also, since the property does not belong to the regions specified in Indian Succession Act, 1925 Section 213, the will still stands valid without succession certificate/ probate.

3. As per Section 90 in The Indian Evidence Act, 1872, the will is under my custody and I am the legal heir of the property (I assume this is proper custody). The wil itself is more than 50 years old, this makes me believe the will itself is evidence of its genuinity.

With this information, I proceeded to local authority to claim the property. The local authority is not ready to transfer ownership based on the will, and is asking for a registered will to claim the property / NOC of other kins to the testator. 

If I have to obtain the NOC from all the kins, what is the point of having a will in first place?

I have been paying all the property related taxes since death of my grandfather.

How to proceed further claiming for the property?

Note: The will had been written a while back. It contains sign of the testator, lawyer, and two witness. Out of these no one alive now.

How to get it registered, if possible? What is the competent court to justify the will and property?

My opinion: Since the above quoted law justify the validity of will the property should be mutated to my name. However, the other kins can challenge the will in the court of law, so onus will be on them will be to prove the will false, not on me to prove it right. Agreed?


Relegion: Hindu



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 9 Replies

Siddharth Srivastava (Advocate)     27 August 2017

You information so as to law is concerned and the sections as stated by you are half baked. Every person pretend to know law and is master in law but the law is different than the prevailing conception. In case of WILL the law is very flexible. If WILL is registered then it is good but if it not registered and if the genuinely of WILL is not disputed then WILL has its force and you are not required to take any NOC from any body or any other legal heir of your grand father. However, other legal heirs have their right to challenge the WILL. You may obtain probate in respect of WILL in order to give its effect.
1 Like

Manoj Mishra   27 August 2017

Thanks for the reply Mr. Sidharth! I am not bragging about my law knowledge here, but just validating my understanding of the case at hand here. You are saying "the stated sections by me" are half-baked. Can you help me to cook this in full, so that I can see the complete picture?

Can you help me the see the counter to these section?

If I would have considered myself master, why would I had posted the question on the forum?

I understand other legal heirs can challenge the WILL (as mentioned above in my opinion, and I fine with that proving the genuinity of WILL at court), but my question is why the local authority is not considering the same as part of mutation?

The Techies (Student)     27 August 2017

Originally posted by : Manoj Mishra
Thanks for the reply Mr. Sidharth! I am not bragging about my law knowledge here, but just validating my understanding of the case at hand here. You are saying "the stated sections by me" are half-baked. Can you help me to cook this in full, so that I can see the complete picture?

Can you help me the see the counter to these section?

If I would have considered myself master, why would I had posted the question on the forum?

I understand other legal heirs can challenge the WILL (as mentioned above in my opinion, and I fine with that proving the genuinity of WILL at court), but my question is why the local authority is not considering the same as part of mutation?

 

Hello!

As you yourself mentioned Section 213 of the Indian Succession Act, you will have to get the WILL Probated.

The right to challenge this WILL remains with the other heirs. According to me, the onus would be on you to prove the genuinity of the WILL.

But, let the expers put some light on this!

Thanks!

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 August 2017

if the individual dies inestate or given any written document without registering the same, then it should be probated from the probate court. Probate is the procedure by which a will is approved by the Court as the valid and last will of a deceased testator (the person who made the will).

1 Like

Kumar Doab (FIN)     27 August 2017

It is mandatory to probate the valid WILL at areas of ; Bombay, Madras, Calcutta.............

It is not mandatory to probate the WILL at other areas..........

1 Like

Manoj Mishra   02 July 2018

Dear Sir,

Sorry for late reply! But if the probabte on the unregistered will is not mandatory, why the local authorities are not mutating the property based on the will? What are other options available to me to force the local authorities to consider this document and move ahead with the mutation?

 

It is not mandatory to probate the WILL at other areas..........

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=153295#reply

Kumar Doab (FIN)     29 December 2018

The postor at 2nd post is not proficient in such matter ALSO!

 

 

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

 

 

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 Testamentary succession/ 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..

 

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

 

Kumar Doab (FIN)     29 December 2018

 

Registration of WILL after death of Testator;

IT is possible, per facts of the matter!

There are many threads on IT and supported by citations/judgments.

Kumar Doab (FIN)     29 December 2018

 

 

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.


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