UNREGISTERED WILL DEED
2 years ago
Will deed written in favour of my younger brother in 2002. there are three witnesses. I am one of them . Is the will deed valid?. Further, I understand
currently unregistered will is not valid after 11th august 2020 supreme court judgement.
A.Please get it corrected.
Will is the only document which has the privilege of enjoying the benefit of validity regardless of being registered or not as per the Indian Laws.
So, even if the will is not registered it is a will- a valid one.
Will is the only document which has the privilege of enjoying the benefit of validity regardless of being registered or not as per the Indian Laws.
So, even if the will is not registered it is a will- a valid one.
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A.Dear Sir,
Unregistered Will can be get registered within specified time, since it was not done so it is not valid.
Unregistered Will can be get registered within specified time, since it was not done so it is not valid.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.What you googled ? what you understand is wrong.
There is nothing like that.
Registry of wills is optional in India.
Unregistered WILL is very well valid .
only 2 witnesses (preferably independent) are required.
There is nothing like that.
Registry of wills is optional in India.
Unregistered WILL is very well valid .
only 2 witnesses (preferably independent) are required.
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Ankita Jaiswal
Responded 2 years ago
A.Registry of wills is optional in India. Unregistered will is considered as valid ones. However, in case of an unregistered will we can still exercise the option of registering it at a later date even after the death of the testator. such there is no supreme court judgement that unregistered WILL is not valid, so don't worry, and more detail cont me, if u like my ans PlZ rate my ans, thanks
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A.Hi,
Unregistered wills are regarded as legitimate in India since registration of a will is optional. It is legally suggested to register a will but there is no mandatory requirement for the same. It is important to note that an unregistered will can be registered even after the death of the testator. The procedure for the same will include approaching the registrar with the death certificate of the testator and the will itself. The witnesses present at the time of making the will should also be present before the registrar, only then can a will be registered. The registrar will register the will if he is satisfied with the will's genuineness. In cases where the executor or legal heir under the will does not want the will to be registered, they may petition the court to decide the validity of the will and issuance of letters of administration.
If you find this answer helpful please rate my answer. Thank You.
Unregistered wills are regarded as legitimate in India since registration of a will is optional. It is legally suggested to register a will but there is no mandatory requirement for the same. It is important to note that an unregistered will can be registered even after the death of the testator. The procedure for the same will include approaching the registrar with the death certificate of the testator and the will itself. The witnesses present at the time of making the will should also be present before the registrar, only then can a will be registered. The registrar will register the will if he is satisfied with the will's genuineness. In cases where the executor or legal heir under the will does not want the will to be registered, they may petition the court to decide the validity of the will and issuance of letters of administration.
If you find this answer helpful please rate my answer. Thank You.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Registry of wills is optional in India. Unregistered will is considered as valid ones. However, in case of an unregistered will we can still exercise the option of registering it at a later date even after the death of the testator. For this purpose in itself, the witnesses of the will, the death certificate and the will it itself can be produced before the registrar, who upon their satisfaction over the genuineness of the will, can register the sam. Under instances wherein we do not want the will to be registered, the executor or in the absence of the executor, the legal heir under he will can move the court for the purposes of obtaining the letters of administration.
If you like my answer, please rate me.
Registry of wills is optional in India. Unregistered will is considered as valid ones. However, in case of an unregistered will we can still exercise the option of registering it at a later date even after the death of the testator. For this purpose in itself, the witnesses of the will, the death certificate and the will it itself can be produced before the registrar, who upon their satisfaction over the genuineness of the will, can register the sam. Under instances wherein we do not want the will to be registered, the executor or in the absence of the executor, the legal heir under he will can move the court for the purposes of obtaining the letters of administration.
If you like my answer, please rate me.
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Sidhaarth
Responded 2 years ago
A.Your understanding is wrong and without any basis. As such there is no supreme court judgement that unregistered WILL is not valid. In fact unregistered WILL is valid and enforceable in law. Court has recognised WILL written on match box, on rocks etc.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Registration of Will is optional so unregistered Will is valid and there is no such Supreme Court Judgment considering unregistered Will as illegal. However,until and unless probated by the appropriate Court of Law,the Will ( registered/ unregistered )cannot become effective. Online opinion can be provided professionally and expeditiously ....Sinjari Bandyopadhyaya, Advocate,Kolkata
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