How to do searching for a registered will?

Advocate

If one of the legal heirs is unaware if the father has made any will at all, how to search for a will? The complete process to find a registered will?

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Appoint a "Search Agent" to seach for a WILL that may have been registered at the local SRO office. You will need to give a date time frame, will executors name, address etc....

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


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Advocate

 

Originally posted by : Hemant Agarwal
1. Appoint a "Search Agent" to seach for a WILL that may have been registered at the local SRO office. You will need to give a date time frame, will executors name, address etc....

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

SRO office means? If the legal heir is unaware of the existence any such will, and also executors name, how can he find that? His father has passed away recently

 
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Retired employee.

A search can be made as a will comes into force after the dating of death, and all registrations must be done by jurisdictional sub registrars.  Any advocate can make a search and in some offices, there are separate employees only for searching the registered documents and one has to pay nominal fees and make an application providing minimum details like period, name of the party, address.

I am not sure but you can also explore the possibility of seeking such information by providing a copy of the legal heir certificate for the deceased.  It costs Rs.32/- for making such efforts (Rs.10/- fee and Rs.22/-Registration charges)

Information solicited:

1.Please provide me details of Registration of the will by late Shri......................................after..............................(Date of death), resident of ................

(Copy of death certificate and copy of legal heir certificate is enclosed)

 
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Retired Manager

Problem is that a Will can be registered anywhere in the country, notwithstanding the location of the property mentioned therein.  Therefore, you need to hazard a guess and try to get the Will searched in possible locations wherever Father/Mother could have registered the will, if at all it is registered. To start with, a Search may be initiated at the Sub Registrar's Office under whose jurisdiction the property or properties fall. For this purpose SRO can be approached and an application can be filed duly paying the fee.

 

Even if the search does not turn up any Registered Will, you cannot rule out an unregistered Will which is very much valid if it is the last Will.

 

One more point is that if there is an unregistered Will subsequent to Registered Will, such last Will shall prevail on all other previous Wills, either Registered or unregistered.

 

Therefore, it is better and advisable that all Legal Heirs sit together in a meeting in the presence of family Elders and ensure that Will/s if any are all disclosed and act upon the Last Will of the Parent/s.


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Advocate

Originally posted by : G.L.N. Prasad
A search can be made as a will comes into force after the dating of death, and all registrations must be done by jurisdictional sub registrars.  Any advocate can make a search and in some offices, there are separate employees only for searching the registered documents and one has to pay nominal fees and make an application providing minimum details like period, name of the party, address.

I am not sure but you can also explore the possibility of seeking such information by providing a copy of the legal heir certificate for the deceased.  It costs Rs.32/- for making such efforts (Rs.10/- fee and Rs.22/-Registration charges)

Information solicited:

1.Please provide me details of Registration of the will by late Shri......................................after..............................(Date of death), resident of ................

(Copy of death certificate and copy of legal heir certificate is enclosed)

Thanks, so any legal heir whether he is notified about the existence of such will or not can perform a search with the help of an advocate once his father passes away? Pls confirm

 
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Advocate

What are the facts? What is the context?

 
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Lawyer

Any one (or his advocate) from the deceased may approach area sub-registrar with an application on plain paper with a court fees of Rs. 2/- and a black stamp paper of rs. 10/- for certified copy, if required (in Delhi) mentioning details of Testator

 
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