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periyasamy (No)     18 September 2011

What is the procedure for executing unregistered willl?

If there is an unregistered will how should we execute it? What are it's procedures when some of the legal heirs are not included in the Will?

Is it possible if there is a un registered will and the other party not minding the will registering the property in his name excluding the favoured name in the wil?

Will register officer register the documents not minding the unregistered will?

Or the notice would be served to the holder of the will?



Learning

 6 Replies

james bhatti (Advocate)     19 September 2011

Registration of will is not mandatory. It is immaterial if the will is not registered one. The person who has not been included also does not matter. The execution of a will: just go to the registerar and present the will and ask him for partition of the property as per the WILL. If one of the coparcener raises some dispute, he should go to the Civil Court challenging his right. But if he has no objection, what if the dispute?

periyasamy (No)     19 September 2011

The problem now is that other legal heir had already disposed of the property without the knowledge.

So far the unregistered will is not executed. Now, May i please know what are the procedure to execute the will.

Is there any possibility to take legal action on other legal heir who disposed of his share without the knowledge of the benificiary?

When he disposed of the property by registration the information is not given to other legal heir who is benificiary.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     19 September 2011

Dear Periyaswamy,


In the normal course,  procedure for the execution or enforcement of Will ought to have been initiated soon after the death of the Testator.   In your case, it appears that this was not done and hence the legal heir has been able to dispose of the property as if he had knowledge about  existence of the will in question.  Although, now you will have to enter into unnecessary litigations to unseat the innocent purchaser of the property who may have honestly entered into the deal,  it is felt advisable for you to immediately initiate proceedings for execution of the will and thereafter deal with any consequential issues arising out of the same.  It is suggested that you may take guidance of any good local lawyer at your place before moving further in the matter.

periyasamy (No)     19 September 2011

sir,

Actually my father was murdered by his own brother.

My father's mother along with my father's brother disposed of the property.

To avoid any problem to the murder case he simply gave the property to other name as bhinami.

The purchaser is not at all innocent because he had not  paid any consideration for the property.

As the property was under the income tax attachment we didn't execute the will.

 

under this situation what should i do.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     19 September 2011

Dear Mr.Periyasamy,


O'  it is really a tragic case and  I convey my heartfelt condolence to you.  However, you might have heard  the saying that nothing  should be hidden from the Doctors and Lawyers when one consults them for guidance. Perhaps, you could have furnished complete factual aspects in your first query itself, so that  learned experts of this Club  would have guided you properly at the first instance itself.


Considering the facts brought out by you now, I am  now convinced that you have to move fast on the lines suggested by me  in my previous comments.


(Guest)

Totally correct.


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