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A will registered in sub treasury is valid in the court of law ?


17-Sep-2023 (In Property Law)
A relative of my mother who does'nt have his own children have written their property through a will to my mother long back in 1991, which came to our notice recently. But this will has a seal and sign of sub treasury instead of sub register. Whether a will registered in sub treasury is valid in the court of law???
Answers (3)

Answer #1
630 votes
Sir Will is need not be register. But you have to prove the Will. As per your query It seems you can succeed but you have to prove the will and in the same it has many dimensional issues are there. The information is insufficient to give correct suggestion.
Answer #2
623 votes
Such a will can be enforced in Courts. If you have got hold of the will Document you need to get a probate of it from a jurisdictional Court. And find out the properties mentioned in it. Upon filing notices will be issued to the persons presently in possession of the properties.
Answer #3
605 votes
Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, (Act), and according to section 18 (e) it is the testator’s choice as to whether he wishes to register it. There is no stamp duty payable. But if one chooses to register a Will with the applicable registrar/sub-registrar of assurances, the registration provides evidence that the proper parties had appeared before the registering officer and the latter had attested the same after ascertaining their identity. Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness. It doesn’t have to be executed before a notary public.

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