Legal Question in Wills and Trusts in India
My Grandfather expired last year. On his death we found that he had made a "Will" with respect to division of the property. However, the will is not registered, nor notarised. The will was made way back in 2011 by himself and is signed by him along with signatures of two witnesses. Also, a doctor has certified in the will that my grandfather was in sound state when it was prepared. The Will is not prepared on a Stamp Paper. After his death when this will was referred to few lawyers for advice, we were told that the Will was not valid as its not registered or notarized. Kindly advice if this is correct. Also what can be the further course of action both in case its not valid or is valid. Also, can it be registered now if required upon the presence of the original witnesses and doctor in front of a registrar.
2 Answers from Attorneys
registration of will is not compulsory .
yes it can be registered even after the death of the testator
claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar. If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register.
registration after death is there in karnatka .so u have to chek with your state laws .
Related Questions & Answers
-
Hi Sir, This is vikram from noida. I have a question in case of will law. I... Asked 6/26/11, 11:14 pm in India Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
