Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

harinadha (student)     19 December 2018

Unregistered will

Dear Team 

is unregistered will was vallid or not 
 



Learning

 8 Replies

Siddharth Srivastava (Advocate)     19 December 2018

unregistered WILL is valid and enforceable also. in case of registered WILL the execution etc. stand proved.

harinadha (student)     19 December 2018

Thankx for quick responce .

Actually my grand father having two sons A AND B  .after my grand father dies he  wrote unregistered will of his all hard  eraned poeperty to his wife (my grand mother ) My father B was look after all the welfare of my grand mother  .my grand grand mother wrote the unregister will of poeperty to my father B .after she was die .my father (b) was rigsiter that propoterty with that unregister will  after completion  8 years of my grandmother died .now my father brothersons (A) famliy harrsing my father they have share in that proprety 

1.is that unregisterwill valid for rigistration of that property or not 

2.now what we take the action against on his famliy 

 

 

Siddharth Srivastava (Advocate)     19 December 2018

Have your father or grand mother obtained probate? If yes, then it's ok. Otherwise also your uncle's sons have no right in such property. If required consult with all details and documents. What is the basis of claim of you uncle's sons? Their claim is also required to be looked into.

Kumar Doab (FIN)     19 December 2018

IT is not mandatory to register the WILL.

The WILL should just be valid.

Unregistered WILL can be acted upon, if valid.

Unregistered WILL may not be necessarily valid.

 

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

IT is not mandatory to probate the WILL in other areas.

The WILL should just be valid.

Registered WILL may ot be easily set aside atleast on counts of authenticity.

The last valid WILL prevails.

Until duly acted upon without any cloud on IT the WILL is mere piece of paper.

The valid WILL can be regisytered after the death of testator!

Kumar Doab (FIN)     19 December 2018

Approach your very able LOCAL counsel specialzing in Testamentary Succession/Civil matters and discuss in person, before you decide and act.

One of the hazards at online portals is that many unscrupulous IT’s and entities loiter to allure unsuspecting querists.

The tone of post of many such Actors ( Adakaar) is to pose as if the postor is Jackal of all Trades and knows everything and has written the law ITself. Such IT’s and entities are good for nothing and idle (vela/Nithalla/Nikamma/ Nikhadd). Such IT’s and entities remain glued to the computers, internet and whole day remain drowned in posting at various portals from multiple fake ID’s  and trying desperately to allure and fleece unsuspecting querists.They may not feel any shame even in falling for few nickels

( Aaana/ chavani/Atthani/ Pachaas Rupalli) to get IT’s daily bread and may be daily doze of some grass so that good sense does not succeed in prevailing upon IT.

 

 

 

The fact may be that the postor is mere copycat (Nakalchi) and has been copying from post of genuine and good persons that share wholeheartedly at online portals and post illustrated responses in threads, files, articles and contribute.

 

Mutation records may not necessarily fetch valid ownership/title.

 

The mutation records are updated in case the property devolves upon anyone by say; inheritance, WILL (valid and duly acted upon without any cloud on IT) and any other mode e.g; taransfer/sale/release/relinquishment/gift by a valid/registered deed …..court decree etc etc. Such updation by such logic/valid-registereed deed fetches ownership/title to a person in whose favor the deed is!

Otherwise if mutation records may not confer ownership rights/Title!

Kumar Doab (FIN)     19 December 2018

Until or unless the WILL of both of your granafther and grandmother is duly acted upon without any cloud on IT your father cannot have proper/valid Title.

Have the legal heirs of your grandfather and then your grandmother say; signed NOC in favor of your grandmother and your father?

If yes the WILL(s) might have duly acted upon without any cloud on IT and any contest may not succed/fail.

1st thing 1st get authenticated copy of mutation records with all link docs from O/o Jurisdictional Authority e.g; MC.

 

 

Which personal law applies in your case?

Who was 1st owner amongst your forefathers?

 

Are you all Hindu i.e. 1st owner and then legal heirs in chain?

The testator diposed the property/estate in full or in part by WILL?

The property was ancestral in the hands of yur granafather or self earned/acquired?

The said property is agricultural land, rural, Urban, or it is a building? Or is IT possible to divide the property(ies) vaertically and horizontally?

Have you consulted a very able LOCAL counsel specializing in succession/civil matters alongwith copies of mutation records with all link docs and any other relevant document e.g; as above?

If yes what is the opinion of your counsel? Have you obtained proper written legal opinion? Have you paid any FEE?

Confirm!

 

Kumar Doab (FIN)     19 December 2018

You may understand the basics;

 

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

The nature of property that devolves by inheritance, WILL is of nature self acquired.

The owner/title holder can dispose his self acquired property in his life time in anyone’s favor without need of anyone’s consent.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by Testamentary succession/inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

A registered WILL may not be easily set aside atleast on counts of authenticity.

Check locally and comply with procedure.

Kumar Doab (FIN)     19 December 2018

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Testamentary Succession/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

If the WILL(s) are not valid succession shall set in.

If WILL(s) are not duly acted upon without any cloud on IT then legal heirs can contest and WILL(s) may have to be probated.If probate fails succession can set in.

 

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

The postor at 2nd post in this thread (i.e after the 1st post which is query in the thread) after the query is not proficient in such and other matters and IT can be easily made by IT also from IT’s various posts from the beginning in threads, despite lots of education and teaching made available at LCI also, and IT can very well admit IT also.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register