OUT OF COURT -TRANSLATION
5 years ago
I AM BHATIA FROM MUMBAI... I HAVE ONE HANDWRITTEN WILL, (WITHOUT SIGNATURE) IN SINDHI WRITTEN BY MY FATHER . AND ALSO XEROX COPY OF TRANSLATION IN ENGLISH DULY SIGNED BY HIM. ORIGINAL MISSING. HE EXPIRED IN 2006, AND LETTER WRITTEN IN 2005. WHAT IS THE PROCEDURE FOR ATTESTATION TO BE DONE OUT OF COURT ON XEROX COPY... FOR SAFE SIDE ONLY. PLS ADVICE.
A.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.
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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ROBERT D ROZARIO
Responded 5 years ago
A.a will without signature of the testator is not valid. The same shall apply for the xerox copy of the english translated Will duly signed by the testator. In case of any legal litigations, original documents needs to be furnished for authentication, which you don't have in your possession. Likewise the will has not been probated after the demise of the testator. So such will has no legs to stand in any court of law.
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A.Dear Mr Bhatia,
Handwritten WILL is Ok but without signature it has no legal binding.
Since the person who was supposed to do the WILL is no longer available( as he is dead) nothing can be done at this stage.If something has to be done out of Court, then please do not discuss it in the Public Platform which may have different meaning and interpretation as well.
Thanks.
Shanti Ranjan Behera
Advocate
Handwritten WILL is Ok but without signature it has no legal binding.
Since the person who was supposed to do the WILL is no longer available( as he is dead) nothing can be done at this stage.If something has to be done out of Court, then please do not discuss it in the Public Platform which may have different meaning and interpretation as well.
Thanks.
Shanti Ranjan Behera
Advocate
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