Legal Question in Real Estate Law in India
Will required to be registered in Court
Is a Will required to be executed in court or not. If it is not executed is it still valid for property transfers or sale and other official purposes etc in future
3 Answers from Attorneys
Re: Will required to be registered in Court
No. will is not required to be executed in Court. It can be executed anywhere. it is not even required to be registered.
Re: Will required to be registered in Court
Court is not a place for execution of a Will.
A Will is required to be executed and attested as per the provisions of law. Otherwise, it is not valid.
Re: Will required to be registered in Court
It appears you have made a wrong statement. You are probably wanting to know about implementation of the will after death of the testator.
Normally, the authorities may require you to seek probate of the will before transfering property in your name. However, it is not an absolute requirement, e.g. in the case of agriculture property, the revenue authorities transfer property based on WILL directly without probate.
The WILL remains valid for all purposes irrespective of probate.
However, in the event of anyone disputing correctness/validity of the will, PROBATE may become necessary.
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