How can we registered a will after the death of testator and beneficiary
10 months ago
My Grandmother passed away leaving an Unregistered WILL of the property made 7 Year ago duly witness signed fingure and thumb impression in the favor of my Father but my father couldn't get registered that will but When my Father passed away leaving an Unregistered WILL of the same property in the favor of my Mother duly witness signed fingure and thumb impression on stamp papers. (Witnesses of my grandmother will alive and Witnesses of my fatherr will also alive)
Now Mother is asking what process should we go through to registered that Unregistered will in the sub registrar office ?
A.Dear Client,
In the absence of original Testetors of Will it cannot be registered by the RA under Registration Act, However, a probate case may be filed on the basis of said unregistered Will executed in f/o your father by your grandmother and subsequently by your father in f/o. your mother in the civil court for an order of probate and your mother being the executor of the Will can file suit for probate of the Will. The executor of the will is required to file a petition and the original will to the court for grant of probate. In the petition, the executor (who will be the petitioner in the case) has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. Probate of a will is necessary to transfer the estate’s property into the name of the beneficiaries. Filing of probate case three years after the death of the testator was barred under Article 137 of the Limitation Act. However, the Court observed that under Article 137 of the Limitation Act, the period of limitation is three years and begins to run from the date when the right to apply accrues. Supreme Court in the case of Kunvarjeet Singh Khandpur v. Kirandeep Kaur, (2008) 8 SCC 463 held that an application for probate of will is for the court’s permission to perform a legal duty created by a will and is a continuous right which can be exercised any time after the death of deceased, as long as the right to do so survives. In case you need our assistance in this regard, you may get in touch with our legal team with all your relevant papers.
In the absence of original Testetors of Will it cannot be registered by the RA under Registration Act, However, a probate case may be filed on the basis of said unregistered Will executed in f/o your father by your grandmother and subsequently by your father in f/o. your mother in the civil court for an order of probate and your mother being the executor of the Will can file suit for probate of the Will. The executor of the will is required to file a petition and the original will to the court for grant of probate. In the petition, the executor (who will be the petitioner in the case) has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. Probate of a will is necessary to transfer the estate’s property into the name of the beneficiaries. Filing of probate case three years after the death of the testator was barred under Article 137 of the Limitation Act. However, the Court observed that under Article 137 of the Limitation Act, the period of limitation is three years and begins to run from the date when the right to apply accrues. Supreme Court in the case of Kunvarjeet Singh Khandpur v. Kirandeep Kaur, (2008) 8 SCC 463 held that an application for probate of will is for the court’s permission to perform a legal duty created by a will and is a continuous right which can be exercised any time after the death of deceased, as long as the right to do so survives. In case you need our assistance in this regard, you may get in touch with our legal team with all your relevant papers.
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