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mohit   12 November 2018

will validity

if a will made in 2003 on simple paper but not have notery registered and court registered it is valid in court case or not?


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 4 Replies

Kumar Doab (FIN)     12 November 2018

Is WILL witnessed by atleast 2 witnesses?

If NO; 

The WILL is invalid and may get termed as only a piece of paper having no legal effect…. neither in the nature of a will nor in the nature of transfer of the property!

The legal heirs/successors may not admit/accept the said WILL.

GO thru;  

THE INDIAN SUCCESSION ACT, 1925; CHAPTER III Of the Execution of unprivileged Wills ; 63

Kumar Doab (FIN)     12 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, Religious scholars, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, revenue codes/rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g: Civil courts, HC, SC …

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably from a counsel specializing in concerned filed of law e.g; Testamentary Succession/ Civil matters.

Kumar Doab (FIN)     12 November 2018

In the meantime you go thru;

Supreme Court of India

Narinder Singh Rao vs Avm Mahinder Singh Rao & Ors on 22 March, 2013

Author: ………..……………............J.

Bench: R.M. Lodha, Anil R. Dave

 

 

 

 

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL. IT is not mandatory to notarize the WILL

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

Pursue the provisons of Registration Act, 1908

Indian Succession Act; 67

Some person prefers to get the WILL attested by a Doctor and Advocate.

It is better to narrate residuary clauses in WILL and exceptions e.g; if the executor, beneficiary dies who shall be another one replacing the executor, beneficiary.

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, Religious scholars, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, revenue codes/rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g: Civil courts, HC, SC …

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably from a counsel specializing in concerned filed of law e.g; Testamentary Succession/ Civil matters.

 

Kumar Doab (FIN)     12 November 2018

Registered WILL fetches more reliance and may not be set aside atleast on counts on authenticity.

You can also consider option of registered Family settlement deed/conditional gift deed with beneficial clause etc etc  

 


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