What is the authenticity of a registered will

738 votes

You are entitled to you mothers share in the demat account which holds your brother as the joint holder in the same Demat account. A registered will is valid and will stand good ground in court provided it is attested by two witnesses and contains a Medical Certyificate of a Registered Medical Practitioner saying that your mother is in sound mental and physical health to execute this will.
Your mother should specifically state in the willl the details of shares and quantity which she wishes to bequeath in a will.In the absence of that information your brother is liable to ask for equal share in the shares belonging to your mother. Your other brother and sisters can also claim share by way of right to inheritance being her legal heirs.
However if your Bank insists for a Probate/Succession Certificate then you will have to approach the High Court in your jurisdiction and apply for the same which may take anything from 3 months to a year.

Advocate Neville M Fulwadiwala LawRato

925 votes

Dear Querist, as per Indian registration Act, registration if will is not compulsory. A registered will is authentic but most of the financial and banking insitutes ask for certification of Will by way of probate if 1) the securities amount is more tham Rs 1 Lac and 2) if they doubt any problem with legal heirs.
In your case, as the co-owner of the account is brother so they might be asking fir certification.
If the mode of operation of demat account is 'either or survivor' then your brother becomes entitle to the account.

If any further query, please feel to calll undernamed.

Regards,
Rakesh V. Misar

Advocate Rakesh Misar LawRato

716 votes

U have to get it probate from high court. U have to get it Probate from high court. You have to get Probate from high court. You have to get it probate from high court. U can contact me I will tell u the procedure.

Advocate Rashmi Nilesh Parmar LawRato