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Ayush Mishra   04 September 2019

Will Registration

I had written will of my father but it couldn't be registered and my father is no more. Does this unregistered will has any legal value. Can it be registered now if so then whats the way. Please help and clear


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 18 Replies

Real Soul.... (LEGAL)     04 September 2019

A will must be signed by the testator and witnesses also must sign,no need to register ;

 

 

SHIRISH PAWAR, 7738990900 (Advocate)     04 September 2019

Will can be written on plain paper. No need to register it. It has to wittness while signed by testator.

being moral   05 September 2019

What do you mean by you yourself had written your father's will ???
1 Like

being moral   05 September 2019

What do you mean by you yourself had written your father's will ???

being moral   05 September 2019

What do you mean by you yourself had written your father's will ???

being moral   05 September 2019

What do you mean by you yourself had written your father's will ???

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 September 2019

What do you mean by saying that you wrote the will of your father? Did you write the will in your handwriting or did you draft the will? Was it signed by your father? Has anyone else signrd as witnesses?  A will must be signed by the testator and must be signed by two witnesses. There is no stamp duty for unregistered will and an unregistered will with attestation by two witnesses is also valid. In the cities of Mumbai, Kolkatta and Chennai, a probate has to be taken on the will after the death of the testator. The witnesses may be called before the magistrate to testify. A Probate will attract stamp duty.

 

 

 

 

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Ayush Mishra   10 September 2019

no it is written by a deed writer signed by my father and two witness but before we could register it my father pass away. I need suggestion to get this will register now

Real Soul.... (LEGAL)     10 September 2019

No need to registser ....your will is perfectly done..Get that probated and implemented,

Ayush Mishra   10 September 2019

i am from UP and here as per understanding there is no law regarding probate and will is legally accepted when it is registered. Please correct me if I am wrong

Real Soul.... (LEGAL)     10 September 2019

Probation is mandatory in some states only.

Just execute the willl

Ayush Mishra   10 September 2019

thanks for response, it means I can execute the will without registration and if other person is not willing to accept the will I can go legally in the court and this will be completely accepted in the court

Real Soul.... (LEGAL)     10 September 2019

Yes proceed, the witnesses and the scribe who drafted the will upon your father's instruction shall testify the same and you are done.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 September 2019

What is the type of property under the will, is it immovable property?  If so get it mutated i.e. get the beneficiary's name entered in place of your father's in municipal and revenue records for tax purposes. Is it under possession of someone else?  If so either you take back possession or ask the person to pay the beneficiary the dues which he was paying to your father.


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