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Gurdip Singh (Accountant)     14 November 2011

Posthumous registration of will

The Will of our mother who expired eight months ago is unregistered.

Someone has told us that it can still be registered if the witnesses to the

Will come to the registrar's court and certify that it is their signature.

Is this legal ? Can there be posthumous registration of Will ?

 

Please let me know as I do not wish to do anything illegal.


I know that if anyone challenges the Will, it will still have to go to court but

is this step legal or not. The person says it will be registered not by backdating but on current date.

It may not stand up in court but it can help with MCD and other such agencies.

 

Please let me know the correct position on this.



Learning

 7 Replies

Anil Agrawal (Retired)     14 November 2011

How will registration help you?

sridhar pasumarthy (ADVOCATE)     14 November 2011

Dear Singh,

Certainly a will can be registered even after the demise of the testator. Even it is registered now, you will not get any additional benefit.  I can't understand why are u so anxious to get it registered.

Registration of a Will is optional under law.  No extra evidenciary value would be given to a registered will.

Rajesh Hazra (Mediator Mediation Counsel)     15 November 2011

Approach the appropriate Court for Probate proceedings. If the proceeding is not objected then you get the Succession Certificate.

Regards

kvss.prabhakar rao (Advocate )     27 November 2011

There is no such practice any where  postumous registration of will . Every will must be proved under compitent court beyond all reasonalble doubts. Mere registration would not etile will is genuine.. Probate proceedig are correct in case your states probates accepts.

I.S.Roy,Advocate (Advocate)     02 December 2011

Dear Sir,

        After death of the testator it can not be registered and No extra evidentiary value would be given to a registered will. So, if any one challenge the WILL then one should go to court to prove its genuiness  

Kumar Doab (FIN)     01 August 2018

Someone told you correct position.

GO thru;

Delhi High Court

Bachita Baruah vs Govt Of Nct Of Delhi & Anr on 27 February, 2013

Author: V. K. Jain

Kumar Doab (FIN)     01 August 2018

From all threads initiated by you, IT can be construed that you need a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil matters   and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Civil courts, HC, SC……


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