Will prepared but not registered

It is not mandatory to get a will registered. If the will is signed by the testator and attested by atleast two witnesses, then it is a valid will.                                                                                                                                                                                                          In case an executor is appointed in the will, the executor can apply for probate in the competent Court, depending on the value of the assets involved. In the applicaton for probation, the original will and the proof of the death of the testator must be attached. In the statements you must proof that the will is genuine and the last will of the testator and that it was validily executed. Form of Probate is given in Schedule VI of the Indian Succession Act.                                                                                                              If no executor is appointed then the benficiaries of the will can apply for letters of administration.The original will should be annexed with the application for the letter of admisnitration. The Form of letters of administration  is given in Schedule VII of the Indian Succession Act, 1925.

Thanks Madam but nothing has to be done like distribution of assets or property. Just wanted to know whether the will can be kept as it is in the envelope ? And when to use it if there is no problem or discord in family ?

Thanks Madam but nothing has to be done like distribution of assets or property. Just wanted to know whether the will can be kept as it is in the envelope ? And when to use it if there is no problem or discord in family ?

Thanks Madam but nothing has to be done like distribution of assets or property. Just wanted to know whether the will can be kept as it is in the envelope ? And when to use it if there is no problem or discord in family ?

Thanks Madam but nothing has to be done like distribution of assets or property. Just wanted to know whether the will can be kept as it is in the envelope ? And when to use it if there is no problem or discord in family ?

 

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 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.

Check locally and comply with procedure for WILL or registered family Settlement deed narating WILL in IT .

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.

Check locally and comply with procedure for WILL or registered family Settlement deed narrating WILL in IT .

Sir thanks very much but what if nothing is to be done now . Can we keep the will as it is till distribution is required?

If the WILL is in your hands, then it is incumbent upon you to reveal the contents of the WILL to all the legal heirs in their presence.  You have no business to wait for distribution.  What if the distribution takes place, not in accordance with the WILL but differently?

It is advisable to reveal the existence of the WILL and also about its contents without wasting time and waiting for any event to take place.

Thank you sir. Will is revealed to all legal heirs.

Thank you sir. Will is revealed to all legal heirs.