My grand father land was registered under his first son
2 months ago
My grand father land was registered under his first son (My Elder Uncle out of 4 brothers) back in 80's, later my elder uncle did not distribute the land at all and now my father asking his elder brother of land distribution but he is not willing to do so. There is a hand written will on piece of paper back in 70's about the land distributions on how it needs to be distributed. now we are goin by that will document and asking for my fathers portion to be registered in his name. but my uncles sons are not allowing to do. can someone guide me thru how to take the legal action on this?
A.Dear Client,
The Supreme Court has established that an unregistered Will holds legal validity and enforceability. Whether handwritten or typewritten on plain paper, as long as it is in clear language and witnessed by at least two persons, the Will is considered legally valid. Non-registration does not cast doubt on its genuineness, but unregistered Wills are more susceptible to legal challenges.
The validity of a Will is not contingent on registration, and there is no specific timeframe for its effectiveness. Challenges to a Will can be made within 12 years after the testator's demise. To determine if the unregistered Will can be contested, the year of the grandfather's demise (the testator) needs clarification.
In the case of an unregistered Will, the executor must obtain probate from the Court for property transfer. This legal process is essential for implementing and executing an unregistered Will, ensuring the proper transfer of the deceased's assets.
The Supreme Court has established that an unregistered Will holds legal validity and enforceability. Whether handwritten or typewritten on plain paper, as long as it is in clear language and witnessed by at least two persons, the Will is considered legally valid. Non-registration does not cast doubt on its genuineness, but unregistered Wills are more susceptible to legal challenges.
The validity of a Will is not contingent on registration, and there is no specific timeframe for its effectiveness. Challenges to a Will can be made within 12 years after the testator's demise. To determine if the unregistered Will can be contested, the year of the grandfather's demise (the testator) needs clarification.
In the case of an unregistered Will, the executor must obtain probate from the Court for property transfer. This legal process is essential for implementing and executing an unregistered Will, ensuring the proper transfer of the deceased's assets.
Helpful
Helpful
Share
A.Dear Client,
The Supreme Court has held that an unregistered Will is valid and enforceable in law. A will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. Non-registration of a Will does not lead to any inference against its genuineness. However, unregistered Wills are more likely to be challenged in court. A will is valid whether it is registered or unregistered. There is no time limit on when a will goes into effect. A will may be challenged within 12 years after the demise of the testator of the Will. In your query, the year of the demise of the grandfather who is the testator of the will written in 1970, is not mentioned/reflected. So, based on the aforementioned limitation, you have to decide whether the said unregistered will can still be challenged or it is barred by time. In the case of an unregistered Will, the executor of the Will must obtain a Will's probate from the Court. For the transfer of property of the deceased, it is necessary to get probate from the Court to implement and execute an unregistered will. Reach out to an Advocate for guidance and steps.
The Supreme Court has held that an unregistered Will is valid and enforceable in law. A will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. Non-registration of a Will does not lead to any inference against its genuineness. However, unregistered Wills are more likely to be challenged in court. A will is valid whether it is registered or unregistered. There is no time limit on when a will goes into effect. A will may be challenged within 12 years after the demise of the testator of the Will. In your query, the year of the demise of the grandfather who is the testator of the will written in 1970, is not mentioned/reflected. So, based on the aforementioned limitation, you have to decide whether the said unregistered will can still be challenged or it is barred by time. In the case of an unregistered Will, the executor of the Will must obtain a Will's probate from the Court. For the transfer of property of the deceased, it is necessary to get probate from the Court to implement and execute an unregistered will. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share
Read Related Answers
Neighbour trouble
Dear Client,
In the prevailing situation and also in the absence of any registered housing society in the housing complex, the following steps may be opted to resolve the matter out of Court - 1) Ther...
I am going to buy a plot, the promoter ask me send the money to their account
Dear Client,
In the real estate business, a Joint Development Agreement(JDA) is executed between the Landowner and the Promoter specifying therein all the terms and conditions and the allocation of a...
Water leakage from terrace during rainy season
Dear Client,
Firstly, you can explain your grievance to society and try to resolve the matter amicably. In case the society refuses to fix the leakage problem, then you can file a complaint to the Reg...
how long can a school legally retain confiscated items - mobile phone
Dear Client
The School can take a mobile phone in a circumstance if they feel it necessary and expedient, but they must give it back to the student at the end of the school day. The school does not h...
Caste change
Dear Client,
In India, caste is inherited from the father's family, not the mother. There is no provision for changing the Caste. But in certain circumstances - where the mother is divorced or widow...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
