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Validity of a unregistered will property distribution document
26-Feb-2023 (In Property Law)
Hi, I would appreciate clarity on this query please. 1. In case an individual dies inestate, would any written document/note etc with his signature (falling short of a registered will) stating that one child of the deceased should get a larger share vis a vie the other children (of the deceased) be recognised as a case to arjue for in the courts or unless it is a fully registered will ,will according to the Hindu Succession Act the whole self aquired property go the class one heirs (children of the deceased) equally? , Would the wifes's share of an immovable property/other belongings such as cash deposits/jewellery etc. that she inherit's from her deceased husband be divided equally by law amongst her children if she dies inestate?
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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if the individual dies inestate or given any written document without registering the same, then it should be probated from the probate court. Probate is the procedure by which a will is approved by the Court as the valid and last will of a deceased testator (the person who made the will).
otherwise, the properties if self acquired then it will be partitioned among the 1st class legal heirs under Hindu Succession Act. in case of demise of wife, then propoerties of the wife can be shared among the other legal heir/ Children
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Adv. N Sudalai Muthu
Madurai | 100+ Answers
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