IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

han (ceo)     02 July 2010

time limit for will???

hi i just wanted to clarify couple of things :

1. my uncle made a "will"  at  the age of 84 years on a stamp paper with his family lawyer!!! with all the proper legal doucuments with two witness signatures  and  got it  registered  but he did not take a doctors certificate for being of "sound mind" or being of "sane mind" so is this "will" valid ???? can his sisters claim the "will" is not  valid cus it got no doctors certificate ????? does a "will" made after 80 years require a doctors certificate for being of sound mind?????doesnt registration of the "will" make it a valid "will" made by a sound mind person????? pls clarify

2.the "will" come's into effect after the demise of the testor but is their a time limit on the "will" to be probated in a court ??? can a "will" be probated at a court after 3 years of demise of the testor???? or the "will" needs to be probated at a court soon after the demise of the testor??????? pls clarify


 4 Replies

Dhawal Bhandari (ADVOCATE)     02 July 2010

kindly go by "INDIAN SUCCESSION ACT"-not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina. & The Hindu Succession Act" by the way for your knowledge sake:- WILL is a legal declaration of the intention of a person with respect to his property or a state, which he desires to take effect after his death. WILL is an untitled document which state after the death of a person making the deposition an it is document which can be revoked , modify or substituted by the person executing the will at any point of his time during his life time. For executing the Will the person must be fully competent, as much as he should not be a minor and should not person of unsound mind. The Will has to be in writing and has to state that the person executing the same is making it out of his own free will and in a sound disposing state of mind. It has to be signed by the executor of the Will and has to be attested by two witnesses atleast. However under the provisions of law the Will is not requiring in writing no required to be signed or attesting. The WILL under law is not required to be compulsory registered. It can be executed even on a plain paper and it can be fully valued even if unregistered. In the event of the person desiring WILL to be registered, he has to approach the office of the Sub-registrar and has to be accompanied by the person who have signed as witnesses on the said WILL .The executor of WILL as well as the attesting witnesses have to put their signatures and thumb impressions in the register maintained by the Sub-registrar. There are Sub-registrars defined for various district and you have to inquire for in this regard from the concerned office as to which Sub-registrar you are required to get your WILL registered. The Sub-registrar would be as per the place of the residence of the person executing the WILL.

Dhawal Bhandari (ADVOCATE)     02 July 2010

thus, In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will. Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.

Dhawal Bhandari (ADVOCATE)     02 July 2010

there is no period of limitation for succession certificate

N.K.Assumi (Advocate)     02 July 2010

Dhawal, has said it and nothing to add from his comment.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query