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Anil Agrawal (Retired)     10 January 2012

Will

Why most people and lawyers insist that WILLs should be got registered? How does it change the character of the will and can't it be challenged then?



 17 Replies

sparsh jain (legal consultant)     13 January 2012

ideally speaking...a will need not to be registered...and making it registerred it doesnt affect its validity and legality...as per section 17 and 18 of registration act....

regards 

sparsh jain

Kishor Mehta (CEO)     15 January 2012

Sir,

It is not mandatory or compulsory to get a Will registered. The essential and important aspect, for a Will to be valid for acceptance by a Court of Law, is [1] the Will should be dated & [2] the attetation of two independent witnesses certifying that the testator has signed on the Will in their presence. The witnesses need not know the contents of the Will.

The Will can be made out on a simple piece of paper and ideally self written.

I believe this satisfies your query.

Thanks & regards,

Kishor Mehta

J.M.P.Lobo (Practising Advocate)     15 January 2012

  The  advice of  Mr.  Kishore  Mehta  is  correct-the  TESTATOR has  to  sign  the  WILL  in  the  presence  of  two  attesting  witnesseses,  both  of  whom  should  be  present  at  the  same time  and  see him  sign  and  should  affix  their  respective  signatures  in  his  presence  and  in  the  presence  of  each  other. 

AKARAPU UDAYA BHASKER (advocate)     16 January 2012

oK, THE WITNESSES WHO SIGNED MUST BE EDUCATED WHO IS IN CAPACITY OF KNOWING THE WRITITING SUBJECT OF THE WILL . IS IT CORRECT

sparsh jain (legal consultant)     17 January 2012

ohk,

clear my issue tht in a situation when a person concerned in a will challenges the validity of a will in a open court..and he simultaneously presents another un registered will..

then is it upon the court's discretion to decide the matter?

or in case where there are two wills,one is registered and another is unregistered,then which will shall prevail and y???

it will be very kind to all to solve my query..

regards

sparsh jain

AKARAPU UDAYA BHASKER (advocate)     17 January 2012

Coming to your situation of there are two wills, it is up to the court to decide which is genuine one and which will having effect on the evidence and material submitted by the parties to the case. Coming to the register will and un register will, it is to partinent to submit that law never forces or mandate to register a will. There is no difference or extra identity between register or un register will . Only the factor is that to establish the will which filed by the party through material record and witnesses as per the principles of the evidence act. So it is in such a manner and procedure. O.K. 

kumar (NIL)     17 January 2012

I think i am not the right person to justify this query, but i have some issues with this matter. As per my knowledge the WILL should be registered with the Registrar, I know it's not possible to get registered at the time of executing Will. But nowadays people are getting more intelligents, they are getting back dated stamp papers and executing WILL them selves only without original owner. So in this situations you do not have any proof, whether the Will executed by the original owner or not.

So What i am trying to say all this is, if possible try to take registered WILL in any kind of situations.

 

Thank You 

AKARAPU UDAYA BHASKER (advocate)     17 January 2012

AS I SAID REG OF WILL NOT NECESSARY, IT MAKES NO DIFFERANCE

kumar (NIL)     18 January 2012

sir i just explained the present situations where i saw so some fradulent will (where it is written on a plain paper with out any witness signatures) that's why i prefer the registered will ...

Thank You Sir

MPS RAMANI (Scientist/Engineer)     18 January 2012

Is a Will to be registered? 

When a Will is made, in many cases, the testator may not like the potential contenders to know not only the contents of the Will but even the existence of the Will itself. Disinterested witnesses are best qualified to be witnesses. But the witnesses may not be there when the testator dies, or even one or both the witnesses may die before the testator. Further if one of the contenders comes to know that a Will has been written, he may try to steal the Will to know whether he is a beneficiary. If he finds that he is not, he may even destroy the Will. He can do it before, but preferably immediately after the death of the testator, when all relatives will be in mourning and will not think of the Will. Registration of the Will and informing the executor of the will or even everybody about it will protect the Will from such fraudulent happenings as above.  Otherwise there is no need to register a Will strictly from a legal point of view. A registered Will does not get precedence over another unregistered Will. Between two genuine Wills, the one bearing the later date will prevail.

It is not essential that the witnesses should see the testator signing. A personal acknowledgement by the testator himself to the witnesses that he has signed the document is enough. Further it is not necessary that both the witnesses should sign at the same time in the presence of each other. They can sign at different times subject to the acknowledgement of the testator as stated above.

A court can decide nothing at its own discretion. The Presiding officer has to give arguments and reasons for his order. The order can also be challenged by appeal to higher courts up to the Supreme court.

In Kerala, a Will handwritten by the testator himself is valid even without witnesses.

Kishor Mehta (CEO)     18 January 2012

Sir/s,

With due respect to all the advisers, the law is explicitely clear; [1] The Will need not be necessarily registred, [2] Registration does not have preferrence over unregistered Will, the important and essential requirement of the Will is the DATE, and the signature of two inedpendent witnesses, who attest that the testator has signed in their presence, the witnesses may not be conversant with the language of the Will, as they are not supposed to know the contents, they may simply be told that the document, they are witnessing is a Will.

Ideally a Will attested by a Medical Profession and a legal luminary is advisable. However this is not possible in all instances. [3] The later dated unregistered Will has precedence over prior dated registerd Will, if properly attested as stated above.

Kishor Mehta

kumar (NIL)     19 January 2012

Sir/s,

I have two questions regrds dis. 1) If the will is on plain paper and undated, will it be accepted as per law or not.

2) If the will is on plain paper and with dated, will it be accepted or not. !!!!!

AKARAPU UDAYA BHASKER (advocate)     19 January 2012

oK SIR , DONR HESITATE TO ASK ANYTHING IN THIS BEHALF.

MPS RAMANI (Scientist/Engineer)     19 January 2012

Undated Will is not valid. Experts have already given the criteria for a valid Will. If all that are satisfied, a dated Will will be valid.


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