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How to get an unregistered will executed in Delhi ?
25-Oct-2023 (In Wills / Trusts Law)
Dear Madam / Sir, My Mother left a Will which was notarised but not registered. I wish to know the process for execution of the same. One of my brother who is also the beneficiary has been named as the Executor of the Will. This is in Delhi.
Hello, Notarized WILL are not acceptable to transfer the property to the successors, you can apply succession certificate and Warison certificate to transfer the property.
For further legal proceedings kindly contact.
Jayatee Chatterjee
For further legal proceedings kindly contact.
Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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Can I register my will online in India?
Online will registration is possible at any time during a person's lifetime. There is no limit to the number of wills a testator may make or amend. The only valid and enforceable Will, however, is that made by the testator shortly before his death.
How do I register a handwritten will?
Documents required for a Holographic will
You must sign and date your original will. It must be completely handwritten. Two witnesses can attest that your will was written in your own handwriting, and that you were of sound mind while signing it. A copy of an ID proof such as your passport or Aadhar Card.
Where the will should be registered?
Registration of wills can be made at a subregistrars in the jurisdiction where the person making the will resides.
Is property will valid without registration?
There is no requirement for registering a will. The will does not have to be notarised or on stamp paper.
WILL NEED NOT BE REGISTERED AS PER LAW. If your mother is alive then you may go for registration...after death registration is of no use.
If you are a Hindu then beneficiary can be executor of will. Indian Succession Act is a complex legislation.. Please consult a lawyer for comprehensive resolution.
If you are a Hindu then beneficiary can be executor of will. Indian Succession Act is a complex legislation.. Please consult a lawyer for comprehensive resolution.
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Adv. Jatin Dhawan
Delhi | 25+ Answers
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1) yes will can be registered after the death of testator .
2) claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar.
3) affidavit has to be filed by 2 attesting witness before Sub registrar that testator had executed will in our presence , that testator was of sound mind and healthy at time of execution . that testator executed will of his own free will .
4) If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register.
Please note that no time-limit has been prescribed under the law for registering the will and hence a will may be presented for registration at any time. Section 27 of the Indian Registration Act 1908 may be referred. Provision regarding registration of will have been given in section 40 and 41 of the Indian Registration Act.
Your mother 's will can be registered even now. However, once the testator is dead, there is no need to register a will. There is no time limit for registration. If an executor is named you may approach the court for Probate, if no executor is named then you may seek Letters of Administration.
2) claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar.
3) affidavit has to be filed by 2 attesting witness before Sub registrar that testator had executed will in our presence , that testator was of sound mind and healthy at time of execution . that testator executed will of his own free will .
4) If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register.
Please note that no time-limit has been prescribed under the law for registering the will and hence a will may be presented for registration at any time. Section 27 of the Indian Registration Act 1908 may be referred. Provision regarding registration of will have been given in section 40 and 41 of the Indian Registration Act.
Your mother 's will can be registered even now. However, once the testator is dead, there is no need to register a will. There is no time limit for registration. If an executor is named you may approach the court for Probate, if no executor is named then you may seek Letters of Administration.
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Adv. Rishabh Jain
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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