LAKSHMI 15 June 2017

Registered will

My father made a registered will on my name as there were no registrations at that time my sister and brother were witnesses and the property is an ancestral property . I lost the registered will in transit . my father died in 2011 and i did not submit the death certificate in VRO office to make the property on my name till now . Now my brother is trying to sell the property with out my consent . I came to know about his intentions know so i brought certified copy of registered will from sub registered office . they informed me to go to mandal office i.e VRO office to enter my name in register . But that vro officer is not interested in meeting me i do not understand why he is doing so i feel that he is supporting my brother . now i am unable to understand what should i do QUESTIONS: 1.The process whether i have adopted is correct ? 2.How can i register my name and even if i do not register do i have claim on property ? 3.how can i obtain copy death certificate? 4.And if my sister and brother deny that they have not signed the will then does the will is not valid? 5.What should be my further step?

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7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 15 June 2017

1. IF fathers will is "duly" registered, THEN there is no need for again verification of Witness signature. The registered will is Final.

2. Apply to the local Civil Court, for activation of the Will and directions for Transfer of Property, in your name. Also file Caveat to the VRO officer, against making any transfer etc...., without your written statement.

Keep Smiling .... Hemant Agarwal
VISIT: https://www.maharashtra-society-help-forum.com

Kumar Doab (FIN) 15 June 2017

Agreeing with Mr. Hemant Agarwal:

Obtain death certificate from jurisdictional O/o Registrar of Births and Deaths.

Legal heir certificate from O/o Tehsildar.

Kumar Doab (FIN) 15 June 2017

The process/forms of Testate Succession ( by WILL) should be available on website/in office of authority under whose jurisdiction property falls.

Complete the process and submit requisite forms/annexure under proper acknowledgment/POD.

The process of authority may include asking for NOC from legal heirs/advertisement in newspapers, writing to Legal heirs to submit objections within set time…………….

In case NOC is given/NO objections are made the authority may act upon the WILL and transfer the property t beneficiary.

If WILL is contested then it may land up in probate court of pecuniary jurisdiction.

Since brother and sister have signed as witness and WILL is registered it may not be set aside on counts of authenticity.

Certified copy of registered WILL is accepted.

Or by your own sweet will you can try for amicable settlement with others.

(Guest)

Hello madam, A Will is a non testamentary instrument of Testator , Registration of a Will is Optional ?And therefore ur safe but however get mutation done on ur name and better to take possession of that property and Death Certificate of ur Father/Testator can be obtained from appropriate authority..Regards # Balachander Reddy Advocate HYD # 9959850723