Krishna Kumar Misra 05 May 2018

validity of a will

Is a unregistered will valid in court.

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3 Replies

Vijay Raj Mahajan (Advocate) 05 May 2018

Yes, it's valid. Registration of Will not compulsory under section 17 of the Registration Act, 1908

Krishna Kumar Misra 05 May 2018

So if someone presents a fake will... Then how can we prove that it's fake... As its very easy now a days to manage two fake witnesses to make a fake will.

T. Kalaiselvan, Advocate (Advocate) 06 May 2018

No doubt an unregistered will is valid in the eyes of law.

If there is a suspicion about the will, it can be challenged in the court of law.

Then it becomes the duty of the propounder to prove it.

He may file a probate petition for grant of probate of the will before court competent.

At that time the respondents, i.e., the legal heirs of the deceased testator will be notified by serving notice to appear before the court and record their objections for grant of probate for the reasons they may rely upon.

The court after hearing both the sides would grant probate of will if it is satisfied about the genuinness of the will.