Who's will is more important father's or mother's
1 year ago
Father made a will and registered it in 2010. Father died in 2016. His will is not probated. Mother made a will in 2022 but didn't register it and died in 2022. Who's will is valuable? Who's will would be considered legal?
A.Dear Sir,
If property belongs to your father then mother cannot right a Will in respect of entire property except to the extent of her share. Unregistered Will also may be get registered on some conditions after the death of executor.
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Can a will be registered after the death of a testator?
Yes. Will can be registered by any person entitled to present the same under section 40. Donor/Testator or after their death the donee/ any person claiming as executor or otherwise may present it to any Registrar or Sub-Registrar for registration.
The claiming party shall produce the Will, records relating to the death of the testator, witnesses and the scribe before the Sub Registrar for Registration.
But Registration of the Will is not mandatory as an unregistered Will is equally valid if it has been witnessed (2 witnesses) properly.
Its generally registered even after death to avoid litigation in the future.
If property belongs to your father then mother cannot right a Will in respect of entire property except to the extent of her share. Unregistered Will also may be get registered on some conditions after the death of executor.
==================================================================================
Can a will be registered after the death of a testator?
Yes. Will can be registered by any person entitled to present the same under section 40. Donor/Testator or after their death the donee/ any person claiming as executor or otherwise may present it to any Registrar or Sub-Registrar for registration.
The claiming party shall produce the Will, records relating to the death of the testator, witnesses and the scribe before the Sub Registrar for Registration.
But Registration of the Will is not mandatory as an unregistered Will is equally valid if it has been witnessed (2 witnesses) properly.
Its generally registered even after death to avoid litigation in the future.
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A.Dear Client
The answer to this question depends upon the fact that while making the will who was the rightful owner of the property for which the will is made.
The answer to this question depends upon the fact that while making the will who was the rightful owner of the property for which the will is made.
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A.Dear Client,
According to the laws of the country, it is not necessary to go through a probate if there is no dispute regarding will. However, going through a probate is preferable as it gives court certification to the validity of the will in question. So in your case your father's will being registered has more value than an unregistered will. But an unregistered will is still valid as long as there is no dispute regarding the concerned property.
Thank you so much, I hope this answer helped you.
According to the laws of the country, it is not necessary to go through a probate if there is no dispute regarding will. However, going through a probate is preferable as it gives court certification to the validity of the will in question. So in your case your father's will being registered has more value than an unregistered will. But an unregistered will is still valid as long as there is no dispute regarding the concerned property.
Thank you so much, I hope this answer helped you.
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