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murali   06 June 2017

Unregister will is valied?

MY GRANDFATHER WRITE WILL BUT IT UNREGISTER WILL ITS IS VALIED ? WITNESS OF 3 MEMBERS


 18 Replies


(Guest)
Yes , Registrationof Will is Optional as per Indian Succession Act

(Guest)

And Registration Act 1908 as well

Ms.Usha Kapoor (CEO)     06 June 2017

Unregistered and  hand written will is equally valid on par with registered will..

Raveena Kataria (Advocate )     06 June 2017

As per the registration act, section 18 (e), yes, unregistered wills can be perfectly valid. Registered wills are different only in that they are backed by legal evidence as to their existence. The original copy is kept in the sub-registrar's office at the will being registered, and hence protected. (In case the copy of the will in possession of the testator is destroyed or tampered with.) There should be at least two attesting witnesses to the will, who should have signed the will in the presence of your grandfather so as to certify that they witnessed him signing the will or having it signed as per his directions, be it registered or not. If this is the case, the will is valid.

murali   06 June 2017

i want to probate my grandfather will in sub court?

Suri.Sravan Kumar (senior)     06 June 2017

Absolutely it is valid. If you are in AP I think probate is not required.

Kumar Doab (FIN)     06 June 2017

It is not mandatory to register the WILL.

A valid WILL even if unrgistered can be acted upon.

Kumar Doab (FIN)     06 June 2017

What is bequeathed in WILL?

Why you want to jump to probate?

 

Mukesh sharma (job )     06 June 2017

Unrgister will valid and you can use but , its good if its registered after register will not revokable and unregister will is revoked any time by person who do this 

thats only difference between both them ..

 

Anirban Majumder (Advocate)     08 June 2017

"WILL" in common parlance means "expressing the future tense."

In leagal meaning ""A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution."

The primary aspect of a WILL to be legally valid is 2 persons attesting witness to the will when the testator signs in their presence. When only one person has signed as witness then it is not a valid Will. ... A will which is not registered is valid if it is signed by two attesting witnesses.

 
 

Kumar Doab (FIN)     09 June 2017

Why you want to jump to probate of WILL?  

 

murali   09 June 2017

one of my friend ur will not register so he advice to probate, but my other friend probate method is only for city like chennai, so only i ask sir .which one correct ?

Kumar Doab (FIN)     09 June 2017

It is mandatory to probate the WILL at Presidential towns of Mumbai, Chennai,Kolkota.

Kumar Doab (FIN)     09 June 2017

1st try by submitting the certified copy of WILL, death certificate (s), Legal heir certificate(s) to O/o Authority e.g; MC, under whose jurisdiction property(ies) falls and complete the process of Testate Succession.   


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