amit 26 April 2015

Will not registered only notarised for legally non adopted

hello members...

my friend is in problem.... so need help...... when she was little kid her buaji had adopted her, as her buaji was not married with no future plans of getting engaged... but this adoption was not legal.... her buaji had looked after her since then for her living, education each n every thing , even buaji got her married... since then my friend n her buaji were living together..... from past few years her buaji was not well so she was living with her buaji after having mutual concern with her husband.... her buaji had made a will in which she mentioned that all the property and each n every thing which belongs to her will be given to my elder brothers eldest daughter(my friend) as she had looked after me in my bad times... in this 2 family members were wittness, but the lawyer who had written this will had not registered this will he only got it notarised.... as now my friends buaji had passed away on 30th jan15, now buajis younger brother is trying to get this property n everything which belongs to buaji..... as we contacted many lawyers here in kanpur (U.P) they r not able to help her as the will is not registered its only notarised....

so please help n guide us in this case...we will b very thankful

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4 Replies

Kumar Doab (FIN) 26 April 2015

WILL is as simple as last wish of a dead person. The WILL may not necessarily be registered. Registered WILL fetches more reliance. This WILL should not be invalid. WILL can be contested. If the witnesses are unshakeable then she may put the WILL to probate by court. She may visit a senior lawyer dealing in such/civil/family/revenue matters. She may also obtain forms to transfer ownership of house from the authority under which the area falls. The procedure may be as simple that a newspaper publication my be required and if no objection is received the ownership may be transferred. The owner can give away any of the estate to anyone by WILL even if he/she is not adopted by a registered adoption deed.

Adv k . mahesh (advocate) 27 April 2015

yes the WILL if not registered no problem but to make it a valid document after the expiry of the testator the person whom the property is written has to make it validation means probate through court.

he has to file probate petition alongwith the WILL copy and the two witness details and their proof of identity and the witness have to come to court and agree about the contents were written on their presence and a paper publication will be given for no objection and the WILL be probated

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 29 April 2015

There are many places in India where a probate is not required. Is it possible to get a probate in such a place?

T. Kalaiselvan, Advocate (Advocate) 03 May 2015

The Will executedby the testator need notbe registered, it should be witnessed by two witnesses. If there is a dispute over the Will, ask her to apply for grant of probate of the Will from the District court at her jurisdition which will solve the problem. If some lawyer is not aware of the procedure, it is not necessary that it can be considered as invlid, the law is different from their understanding. Take the help of a an expertise lawyer and proceed.