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Dhawesh Pahuja

Advocate in Banglore

Posted On by &filed under Intellectual Property Rights (IPR), Legal Articles.


Will is the legal declaration of a person’s intention which he wishes to be performed after his death and once the Will is made by the testator it can only be revoke during his lifetime. A person cannot give his ancestors property in the form of a Will but he can make a Will only of his Self-Acquired property. A Will does not involve any transfer, nor affect any transfer inter-vivos, but it is an expression of intending to appoint a person who will look after the properties after his (Testator) death. A Will regulates the succession and provides for succession as declared by the testator.

Historical Background of ‘Wills’: As the time rolled the emergence of the Will became more popular, Indian Law which is governed under ‘Section: 5’ of “The Indian Succession Act, 1925” which provides different rules for intestate succession and testamentary succession in India. It applies to all the communities in India except Muslim community. In India there is a well developed system of succession laws that governs a person’s property after his death. ‘The Indian Succession Act 1925’ applies expressly to Wills and codicils made by Hindus, Buddhists, Sikhs, Jains, Parsis and Christians but not to Mohammedans as they are largely covered by Muslim Personal Law.

 Statutory Definition of ‘Will’: The term ‘Will’ is defined under ‘Section: 2(h)’ of The “Indian Succession Act, 1925”, means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. A testator is authorised with a power to appoint any person as beneficiary of his Will whereas ‘Section: 5’ deals with the law regulating succession to deceased persons moveable and immovable property

Meaning of ‘will’: A Will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at the time of death. A Will can be made by anyone above 21 years of age in India. A Will is a statement made by a testator in the written form stating the manner in which his estate/property must be distributed after his death. A Will being a testamentary document comes into effect after the death of the testator and if the person dies without writing any Will then he is said to be have died intestate. The person in whose favour the testator bestows the benefits called beneficiary or legatee. A Will is otherwise called as Testament.

 Features of A Valid ‘Will’: There are certain characteristics which should be included in the instrument of will such as :-

• The Name of The Testator: The name of the testator should be mentioned accurately without any error in initials, spelling or grammatical mistake so that it will not affect the instrument of Will. The name of the testator can also be clarified by looking into his birth certificate or any school certificates.

• Right To Appoint Legatee: The testator is having absolute right to appoint any person as a legatee or beneficiary of a Will and legatee should execute the Will carefully and in accordance with the law.

• To Take Effect After Death: A testator who is having power to make the Will during his lifetime, but it will take effect only after his death. A gift made by a person during his lifetime and will take effect during his lifetime, cannot be considered as a Will.

• Revocability Under The Law: In general a Will made by the testator can be revoke at any time during his lifetime and testator can choose any other person as his legatee. There may be chances where a testator wishes to bring some alterations in the Will then he can make some necessary amendments in the prepared Will which is otherwise called as Codicil. A third party can not file a civil suit against the testator on the ground of cancellation of the Will. A Will made by the testator may be irrevocable in some cases where an agreement is entered into contrary to the Will, may bind the testator.

• Intention of The Testator supreme: The testator of the Will has right to revoke Will at any time which can only be proved by the intention of the testator that whether he is intending to revoke the previous testamentary instruments made by him or he can state in his Will that ‘This is my last Will’ then it can be presumed that all the earlier testamentary instruments has been revoked.

• The Declaration to be ‘Last Will’: A person as testator has power to make declaration of Will unnumerable times but it is always the last will of testator which will prevail. The words “I declare this to be my last will” need not be stated in the instrument of the Will. Once the Will is made by the testator Inserting of words ‘Last and Only will’ at the time of death it can be presumed that all the previous Wills will get revoked and fresh Will has to be effected.

• Lost Subsequent ‘Will’: Mere loss of the original Will does not operate a revocation but it has to be inferring by the stringent evidence to prove its revocability and a testator must show the genuine reasons for the loss of the Will. Once it is proved that a original will is lost then ‘Subsequent Will’ will be valid.

 Kinds of ‘Wills’: A testator who has right to make a Will for the future benefits of his family members which will take effect after his death, the there are certain types of Wills which has to be looked into:

1. Privileged ‘Wills’: As it can be understood from the word privilege provided to certain persons. A privileged Will is one which is made by any soldier, airman, navy persons, mariner who are willing to dispose of their estate during their course of employment. A soldier includes officers and all other rank officers of service but does not include a civilian engineer employed by the army, having no military status. A soldier while making an instrument of Will must have attained the age of 18 years and where a will made by the soldier is in the oral form, will be valid only for a month though a written Will always remain operative. A privileged Will may be revoked by the testator by an unprivileged Will or codicil, or buy any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged Will, or by the burning, tearing or otherwise destroying the same by the testator.

2. Unprivileged ‘Wills’: Wills executed according to the provisions of ‘Section 63’ of the ‘Indian Succession Act, 1925’ are called Unprivileged Wills. An unprivileged Will is one which is created by every testator not being a soldier, airman, mariner so employed. An unprivileged Will like Codicil can be revoked by the testator only by another Will or by some writing declaring an intention to revoke the same and to be executed in the manner in which an unprivileged Will can be executed under the Act or by burning, tearing or destroying of the same by the testator or by some other person in his presence and by his directions with the intention of revoking the same.

Who Can Make ‘Will’: Every person who is competent to contract may make a will but he must be major, sound mind and willing to write a Will. Any person who is the sole owner of a self-acquired property can bequeath by way of will. A person of unsound mind can also make a will but only in lucid intervals. A Will cannot be made by some persons i.e. minors, insolvent, persons disqualified under any law by the court. A Will executed by a minor is void and inoperative though a testamentary guardian can be appointed for the minor to dispose off the property. A Will can be made by the deaf and dumb person by showing consent through writing or gestures in sign language. Nothing prevents a prisoner or alien in India from drawing a Will.

For Whom The ‘Will’ Can Be Made: Any person capable of holding property can be a legatee under a will and therefore a minor, lunatic, a corporation, a Hindu deity and other juristic person can be a legatee. Sections 112 to 117 of ‘Indian Succession Act, 1925’ put some restrictions on the disposition of property by will in certain cases. Dispositions of property by will in some cases have been declared void. If the minor person has been named as legatee by a testator then a guardian should be appointed by the testator himself to manage the bequeathed property.

What Can Be Bequeath In A ‘Will’: Any movable or immovable property can be disposed off by a will by its owner, that property must be a self acquired property of that person and it should not be an ancestral property of the testator. According to Section: 30 of ‘Hindu Succession Act, 1956’ provides that any Hindu may dispose off by will or other testamentary disposition any property, which is capable of being so, disposed of by him in accordance with law.

General Procedure To Make A ‘Will’: A ‘Will’ should be prepared with utmost care and must contain several parts to make a complete Will though there is no defined format for making a Will but a general procedure should be adopted while writing a Will by the testator which includes:

1. Declaration In The Beginning: In the first paragraph, person who is making a Will, has to declare that he is making this Will in his full senses and free from any kind of pressure and undue influence and he has to clearly mention his full name, address, age, etc at the time of writing the Will so that it confirms that a person really wishes to write a Will.

2. Details of Property and Documents: The next step is to provide list of items and their current values, like house, land, bank fixed deposits, postal investments, mutual funds, share certificates owned by testator. He must also state the place where he has kept all the documents if the will documents are under safe custody of the bank then testator has to write details about the releasing of the Will from the bank. Here it is the most important duty of the testator to communicate the above matter to the executor of the Will or any other family members, which will make the Will valid after testator death.

3. Details of ownership By The Testator: A testator while making a original Will should specifically mention that who should own his entire property or assets so that it will not affect the interest of the successors after his death. If testator wishes the name of the minor as beneficiary then a custodian of the property should be appointed to manage the property.

4. Attestation of the ‘Will’ : At the end, once the testator complete writing his Will, he must sign the will very carefully in presence of at least two independent witnesses, who have to sign after his signature, certifying that the testator has signed the Will in their presence. The date and place also must be indicated clearly at the bottom of the Will. It is not necessary that a person should sign all the pages of the Will instrument but he must sign to avoid any legal disturbances.

5. Execution of A ‘Will’: On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate .A probate is a copy of a Will, certified by the court. A probate is to be treated as conclusive evidence of the genuineness of a Will. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted and It is only after that Will comes into effect.

 Registration of ‘Wills’: According to the Section: 18 of the ‘Registration Act, 1908’ the registration of a Will is not compulsory. Once a Will is registered, It is a strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after. The process of registration begins when a Will instrument is deposited to the registrar or sub-registrar of jurisdictional area by the testator himself or his authorised agent. Once the scrutiny of Will instrument is done by the registrar and registrar is satisfied with all the documents then registrar will make the entry in the Register-Book by writing year, month, day and hour of such presentation of the document and will issue a certified copy to the testator. In case if registrar refuses to order Will to be registered then testator himself or his authorised agent can institute a civil suit in a court of law and court will pass decree of registration of Will if court is satisfied with the evidence produced by the plaintiff. A suit can only be filed within 30 days after the refusal of registration by the registrar. If the testator willing to withdraw the Will after the process of registration then a sufficient reason has to be given to registrar, if satisfied he will order for the registration of Will.

Revocation of ‘Wills’: A Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will. A Will can be revoked by testator of the Will at any point of time which can be classified into two aspects such as:-

• Voluntary Revocation: A testator who wishes to revoke his original Will which is made by him on a specified date and time, he can make revocation of the will himself by writing a subsequent Will or codicil duly executed and by destruction of the previous will, means by burning, tearing, destroying or striking out the signature of the original instrument of a Will.

• Involuntary Revocation: According to the Section: 69 of the Indian Succession Act, 1925 which deals with revocation of will by the testator’s marriage, however this provision does not apply to Hindus. Section 57 of the Indian Succession Act clearly states that a testator’s marriage will not make the Will invalid.

 Probate: It is the copy of the will which is given to the executor together with a certificate granted under the seal of the court and signed, by one of the registrars, certifying that the will has been proved. The application for probate shall be made by petition along with copy of last Will and testament of the deceased to the court of competent jurisdiction. The copy of the will and grant of administration of the testator’s estate together, form the probate. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate is obtained to authenticate the validity of the will and it is the only proper evidence of the executor’s appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off which did belong to the testator and over which he had a disposing power with a grant of administration to the estate of the testator. Probate proceedings cannot be referred to Arbitration. The probate court (whether it is the District Court or High Court) has been granted and conferred with exclusive jurisdiction to grant probate of a Will of the deceased.

 ‘Wills’ By Muslims Under ‘Mohammedan Law’: A Will under Mohammedan Law is called as Wasiyat, which means a moral exhortation or a declaration in compliance with moral duty of every Muslim to make arrangements for the distribution of his estate or property. The Mohammedan Law restricts a Muslim person to bequeath his whole property in a will and allows him to bequeath 1/3rd of his estate by writing will, which will take effect after his death. A will may be in the form of oral or written if the will is in writing need not be signed if signed need not be attested. Acc to Shia Law if served bequests are made through a will, priority should be given to determination by the order in which they are mentioned a bequest by way of will. A Will Can be made by a person who is of sound mind, major and possessing a absolute title, in favour of a person who is capable of holding property except unborn persons and heirs. The revocation of will is possible only if the subsequent Will is made by the testator. A Muslim person who is allowed to bequeath 1/3rd of his estate, he can exceed its limit on testamentary power of 1/3rd to 1/4th in case where heirs gives consent or only heir is husband or wife.

Statutes Relating To ‘Wills’: There are many laws which are dealing with the concept of ‘Wills’ as follows:

Indian Succession Act, 1925

• Hindu Law (Hindus Personal Law)

• Muslim Law (Muslims Personal Law)

• Indian Registration Act, 1908


171 Responses to “WILL under Indian Law”

  1. Sid

    Hi, I have critical situation here, please advise me.
    My grand father’s brother has wrote a will and registered when he was alive and few days ego he has died. But, the two witness signature was signed by a one of the beneficiary and his son.
    Now the advocate is telling the will be cancelled in court, because the witness signature was signed by the beneficiary.

    Please advise..

    Reply
  2. NIRAJ

    Hi,
    Request to highlight as to how long the WILL of a person stands valid post one’s death. Ideally what should be maximum time frame the WILL of a given person can be kept pending for opening intentionally. Can an intentional delay arising out of bad intentions lead to forfeit of WILL of a person?

    Your legal opinion shall be obliged.
    Thx

    Reply
    • Abdul

      Indefinite WILL, WILL as long as you can keep It will be standing VALID, But It is Advisable If you could register in court then TITLE will be changed to executor then you can enjoy the property.If you keep WILL in close look If any unforeseen things happened or you missed,Lost then Probate of WILL in court or genuinity of WILL is compulsory to be prooved otherwise it is Invalid..It is case to case.

      Reply
    • NIRAJ

      Hi Abdul,
      Thanks for your reply. Your timely input to following inq. shall be obliged.

      1) Can a husband provision certain condition for distribution of his wealth and property in his own WILL which stands applicable post demise of his wife?

      As per my understanding his wives WILL should prevails over her husband’s WILL ( who died prior to her ) for the property she inherited so from her husband as most of the conditions governing her wish are likely to change with lapse of time.

      2) I was very precise in my earlier inq.- what is the validity of the registered WILL if it is not opened out of bad intention for almost 3 years post persons demise.

      This being fantastic case of my friend who’s father passed away almost 3 years back and no utterance of his WILL by his mother and two sisters in spite of knowing everything up to date. He and his family, who resides separate in a house purchased on his own, was very good to his parents earlier and even now in spite of all these.

      He had all wish to keep his mother with him, without any lure. But soon after his father’s demise, his one sister residing in US called her to stay there along with them. All knows how good a medically fit active elderly person could be in US without any monetary pay out liability. On objecting she plainly told that it was verbally agreed upon with her dad while she visited india once that she shall carry her to US once if father is no more ( how ridiculous) for rest of her life.

      Surprisingly, a key of parental house was left with him, as there was no one than him who could maintain the house as his other sister, who is more vicious, is in Gujarat post marriage. He was faithfully maintaining it unless one day , when he was directed to search of certain doc.s for her mother for making an application for her in US for Green Card, he came across his father;s WILL. Thinking that it would be inappropriate to go through his father’s WILL this way, he reluctantly went through it on my advice when he learnt that he, along his family members, are kept away from any and every part of his father’s wealth and property and that it shall be inherited to his mother post his father’s demise ( which happens otherwise as well ) and post her death it shall be equally distributed between both sisters.

      No wonder his father was completely brain washed by his two sisters as he did everything to see that parents remains happy post his father taking VRS long back. Again, he was helping them all the way monetarily and otherwise also as they did not have proper source of income nor their savings were healthy enough to sustain a proper life in a city like Mumbai till the time they got a healthy kitty out of sale of their parental house ( my Granny’s house ). On his request he was paid mere 5 lacs ( which was pea nut of what they got from granny’s house sale ) when he purchased his own house costing abt. 1 cr +. Pl note- he did help his father monetarily in marriages of both his sisters, during their illness and all places where his role could play crucial as their son. Even he played key role in getting his granny’s house sold at fantastic rate.

      His mother also stands totally brainwashed as she could also not go against his sisters decisions for her and agrees to it all the time, willingly.She was shocked learn that he got an hold of his father’s WILL ( which he kept back as it is post reading it ). On him asking her. on her few days trip back to India, she plainly said that everything shall be done as mentioned in WILL only.

      The question here is not of any monetary or any other wealth. It is of injustice done to him and his family in spite of all their goodness. Pl note that the registered WILL of his father still do not stand opened officially yet but he carries duplicate copy made unofficially. Out of two witnesses of the given WILL, one is dead and others whereabout is unknown on check.

      I request you to guide as to what best could be done to keep him out of such an injustice.

      NB : The purchase of house of his father was funded 100% by his Granny only as his father had inadequate source. It was cash funding for which reliable and close witnesses remains available on request. Can it be titled as an ancestral property?

      Reply
  3. Raji Ramesh

    If the Will is written and registered for land by the owner during his lifetime and it will be effected after his demise, will there be any problem after the death of the onwer?

    Reply
    • Abdul

      Will can be executed only after testator not before that.Registration can not be performed and After Demised of testator your Lawyer will file for Probate.After Probate certified by Court then WILL can be executed till then no chance of Executing or performing registration.

      Reply
  4. Manish

    We want to form a estate for a deceased person. Deceased person has only bank accounts. My questions are: 1) which court do we need to register/form such estate? 2) would estate certificate say ” estate of ? 3) Is this estate certificate is also called “succession certificate”? or ‘succession certificate” is different thing?

    Reply
  5. RAJU

    HI I HAVE WILL OR VASIYAT NAMU. BUT I GO TO CITY SEARVY OFFICE TO CHANGE PROPERTY TITLE BY WILL. BUT U DID NOT CHAGE AND HE ASK FOR PEDHI NAMU. IF U HAVE WILL THEY U HAVE NEED OF PEDHINAMA

    Reply
  6. Anshul

    If someone after his/death, wants to donate some proportion of property to male children aged 18 to 27 years, who are children of Hindu army-men in Indian Army, what should be done? How to ensure that “will” will be executed righteously after death. Because almost all of us can’t trust Indian law-system, our constitutional laws and our corrupt government .

    Reply
    • Abdul

      Anshul Please talk to Lawyer about it and get it helped by him/her.

      Your question is not cleared.

      Reply
  7. Jerome Quadros

    For contact details of companies providing online will writing services, access indiaactivities.com and under heading ‘Assistance Activities’ click on link ‘Write Will to Distribute Assets’

    Reply
  8. vijay

    My late grandfather has a 1 son and three daughters he has some property. In will he written as one property for his late son’s wife and other properties for 2 daughters so, in this case on that time my grandfather didnt added 1 last daughter for some reason in will. While register that property to them there is any need to get sign from that 1 last daughter to register that property to there names?

    Reply
  9. Shubhajit Aich

    My late grandfather has a house in west bengal,kolkata. He had 3 sons and 3 daughters. He wrote will of his house for his 3 sons infront of 2 withnesses. Now after 15 years of my grandfather’s death 3 daughters are clamming this house. Can they clam this house legally even if they are not mentioned in the will?

    Reply
    • Prasad

      No, they cannot. Because, the intention of your father in the will is to give that house to sons only.
      Go through Section 87 of the Indian Succession Act.

      Reply
  10. Anjali

    We have my grandfather’s registered will in which he mentioned a bank fdr. Bank is refusing payment. They are asking us to get will probated. But i read on internet that a registered will does not requires probation. In which section is this mentioned? Can i get a copy to show to the manager?

    Reply
  11. Gururaj

    Gururaj 3 seconds ago
    Dear Sir,

    sir had wrong mentioned 1986 as 1996 in earlier post

    My father executed will in the year 1986 for his self acquired property among 4 sons and a sister ( Life interest only) and expired in the year 1992. Later my mother expired in 2001. Now all four brothers wanted to transfer the property into respective names and a the sister ( life interest ) demanded a share too ( life interest to permanent share)…. based on family understanding all the brothers agreed to…in the meanwhile she filed a case against all of us for best reasons know to her.

    1. we are totally 7 sibblings of which one sister she had died before my father’s will and she was married and having 3 kids and were well off…hence no share was allotted in WILL. Second daughter is also very well off and she too was denied share in the property. Rest 4 sons and one daugther as mentioned above the daughter share was limited to her life time.

    but now since this daughter has filled civil case for partition of property on 5 persons excluding the sister who died before my father… is against the WILL.
    Note:
    The will is an un-registered one with notarized one.
    The will is done properly with 2 witness sign … of which one witness has expired few yeras back and other witness whereabouts are not know now.
    the question / doubt is
    1. the plaintiff ( daughter ) has to prove the or disprove the authenticity of the will or defendants?
    2. if the witness to the will are no-more…. in this case what happens to WILL Validity…?
    3. challenging the case it advisable or not or have to compromise….. ?

    pls clarify.

    thanx n regards
    gururaj -79 years

    Reply
  12. Gururaj

    Dear Sir,
    My father executed will in the year 1996 for his self acquired property among 4 sons and a sister ( Life interest only) and expired in the year 1992. Later my mother expired in 2001. Now all four brothers wanted to transfer the property into respective names and a the sister ( life interest ) demanded a share too ( life interest to permanent share)…. based on family understanding all the brothers agreed to…in the meanwhile she filed a case against all of us for best reasons know to her.

    1. we are totally 7 sibblings of which one sister she had died before my father’s will and she was married and having 3 kids and were well off…hence no share was allotted in WILL. Second daughter is also very well off and she too was denied share in the property. Rest 4 sons and one daugther as mentioned above the daughter share was limited to her life time.

    but now since this daughter has filled civil case for partition of property on 5 persons excluding the sister who died before my father… is against the WILL.
    Note:
    The will is an un-registered one with notarized one.
    The will is done properly with 2 witness sign … of which one witness has expired few yeras back and other witness whereabouts are not know now.
    the question / doubt is
    1. the plaintiff ( daughter ) has to prove the or disprove the authenticity of the will or defendants?
    2. if the witness to the will are no-more…. in this case what happens to WILL Validity…?
    3. challenging the case it advisable or not or have to compromise….. ?

    pls clarify.

    thanx n regards
    gururaj -79 years

    Reply
  13. prathmeshkumar

    sir, i mr. prathmeshkumar living in a city of Gujarat state, want your advice that my father made an unregistered will on a stamp paper purchased in 2005. he favoured a house which was purchased from his salary and to be given to me was his wish in that will and all other money etc. in bank etc. to me and not to my 3 brothers and mother. the will was signed by two witnesses at that time. now in 2013 the two witnesses also died and my father died in 2015. when i go to transfer my name with my fathers name at city survey office for property card i submitted a notarised copy of unregistered will photocopies of all death certificates, he denied to me. sir without probate is it not possible to get my name transfered in the property. pls also tell me the expenses and procedure easiest to do that. also can i get probate directly from gujarat high court what is the cost pls tell me. is there any time limit of will?.pls reply immidiatly.thanks. Prathmeshkumar

    Reply
    • Jatin Popat

      Dear Prathmeshkumar, as per fact given both witnesses died before your father, ideally new will should have made as minimum one witnesses is necessary to prove a Will. In your case probate is necessary however the other family members will also have to give their NoC otherwise Will has to proved with other evidences. Normally expenses are court fees as per value of property and legal fees.

      Reply
  14. BIGESH

    sir ,
    My grand mother died on 2014 and on 2011 she written a will for me(grand son) but on 1996 she had written a will for her sisters son,both are registered which will prevail and the problem is that in my will its stated that “there was no will written before” so what may the probability of my 2011 will, i heared in previous will discussion forum that experts are in contravarcy that ,there should be clause that “my all earlier will are revoked by this will” if that is not written is it can be fail in court ,what is the real status of my last will.need expert advance about this clause .
    please replay and advice

    Reply
    • Jatin Popat

      If both Will are registered, the latest one will survive, however as you have mentioned that earlier Will revocation clause is missing, it requires close check of content of Last Will so that it can be proved in your favour.

      Reply
    • Jatin Popat

      Probate is approval of court that Will is genuine and WILL can only come in effect after death of person who died. There are other ways to take actions to minimize ‘objections’

      Reply
  15. jacob

    I have property jointly owned by my father. There is a will by my father, which says after his demise the property will be transferred to me. Now i have a brother and sister. At the time of will execution , can my brother and sister object and what is the consquence if they object

    Reply
    • Jatin Popat

      You can surely transfer portion of your father’s right in property if Will is not challenged by other family, and even if challenged if you can prove that Will was a Last Will and it is genuine.

      Reply
  16. sanjay

    hi rakesh what is the validity of will , 2 month 2 years or 5 year what is validity,
    army pension ac shall come on will

    Reply
    • Jatin Popat

      There is no validity of a Will. Yes all pension as per applicable laws can be made part of Will.

      Reply
  17. RAKESH

    Hi

    I have multiple properties; One Commercial Property(Sigle Owner) is in South delhi and I have two residential flats in ghaziabad (U.P) (Jointly Owned by My Wife). In which state should i register a Joint will? I mean delhi or ghaziabad

    Reply
  18. Munish Sehgal

    Hi ,
    First of all I would like to thank you for being such a great advisor in this issues of WILL.
    I was surfing on internet to know answers to my question about a will and reached this thread.

    —————————
    My GrandFather ( Anil Kumar Sehgal ) : Two Sons say E and Y & Three Daughters
    Properties : say A and B
    Registered two wills :
    1.) Registered a will in Jan, 2002 .
    A in favor of younger son Y
    B in favor of elder son E.
    2.) Registered another will in July 2009 ( three months before his death ) .
    A in favour of Y,E and grandmother .
    B in favour of E and grandmother
    ——————————

    Question 1 : In the second will , one of this will’s witnesses is husband of one daughter who was a DSP. He is in Police dress in the photograph clicked while registering the will. Further the signature on first page and last page doesn’t match.His signatures are simply Anil Kumar , but in this will the signature on the last page where a testator is supposed to sign finally after reading everything are AK Sehgal.

    So can we say it is a defective will and executed under influence or cancelled ?

    Question 2 : E is no more. After his death
    E’s sons managed to make a registry of B with Grandmother’s consent using new will . AND
    Y managed to make a registry of A to his sons using old will with Grandmother’s consent.

    Now, can E’s sons claim in A after E’s death ?

    Reply
  19. Rahul

    Sir
    My question is if my grand father makes the will of his property, he have three son’s, in the will he want to mention that the elder two son’s will get the there share equally and third younger son share will transfer to his grandson’s not to the third younger son. then in future Third son can go to the court and fight for his share on his name is this possible

    Reply
  20. Ashish

    A father made a WILL to give his flat to his married daughter after his death.
    After fathers death, daughter went and made a pobate by doing all the pobate pocess. Court granted probate to daughter. Now daughter wants to sell the flat. Question is – 1)buyer needs to make an agreement, so what all documnts buyer needs to keep in his agreement as a proof that the flat is now transferred to daughters name
    2)documents should be such that if the buyer again wants to sell that flat he should no face any issue.
    Please help me and let me knw the answers.

    Reply
  21. karun

    father expired in 89 without a will ,we all 3 sister and 3 brother relinquished our share to my mother.now in 95 mother wrote a will in favor of my brothers is this will is allowed as this is not my mothers self earned property.. mother expired in 2012

    Reply
    • Neelam Mamgain

      I am also in similar situation. I relinquished share alongwith my 3 brothers and 1 sister in favour of my mother and she was coerced by brothers to write will in their favour. Is this not breach of trust? what can be done in this case. Pl advice.

      Reply
  22. vijayan

    I have 2 daughters and both of them live abroad.I wish to make a will. in their favor. .Is it compulsory to name the executor. If so can I mention one of them as executor adding that in case the named daughter is unable to act as executor due to any reason whatsoever the second daughter will be the executor.Is it legally valid?Thank you sir

    Reply
    • Charanjeet singh

      hi sir mere dada ji ne ek vill 1993 mai bani thi jo mere naam phir mummy ki death ke dada ji ko punjab se hum delhi le aaye phir dada ji ki death ke bad pta chala ki meri aunty ne nayi will bna li hume nahi pta tha jab ki biss saal thak mere mummy papa ne mere dada ki dekha bhal ki biss sall tak or meri will rijekt ho gai hai mai kya kaun plz tell me

      Reply
  23. s kumar

    can a widow lady under psycriastic medication will her namely land property to one of her two son.

    Reply
  24. sushil shah

    Pls reply urgently.
    I m having property in gujrat,n my mother had given as a gift to my son ,after making will,now I had gone to registered the Mumbai high court order in gujrat,the officer in charge is saying I had to pay stamp duty on this.I argued a lot but he is not doing.I told him that u have to register in rs100 stamp paper n registered,but he is refusing to accept it n making me to pay stamp duty on this .
    My email I’d is shahsushil2010@gmail com.n my cell no is 9223447168/.pls reply it is very urgent case
    Regds
    Sushil shah.

    Reply
    • WillJini.com

      Dear Sushil, your query is bit unclear to understand. We assume that your mother has bequeathed via Will and you have applied for a Probate to transfer title from mother’s name to your son. As per High Court rules you need to pay Court Fees based on valuation of property.

      Reply
    • WillJini.com

      You can make Will for which you need to be 18 years of age, sound mentally and not under pressure. You can get your Will drafted by a law professional providing such services or you can make a Will online.

      Reply
  25. Malu

    Hello Sir,

    My grand Father have a two sons and 3 daughters.My grand father did a will(registered but without Probate) to his second son only in the year of 1994 and after his death in 2004 his second son did a entry in his property (Land,73aa adivasi land) in the year 2006.his second son did a entry but not taken a permission from collector he just did a entry on the basis of registered WILL.
    In the year 2013 another elder son file a case against his younger brother for the father property.
    Please guide me

    1. Is registered will is Valid without Probate in Schedule Tribe for 73aa Land?
    2. Is elder son and another 3 daughters are also eligible to get the property?
    3. Is there any collector permission required to make a entry in 73aa land from father to son after father death if will is registered(without Probate)?

    Reply
    • WillJini.com

      1. Prior to 2005, daughters were not entitles to claim heirship in property of father or mother, if there is No Will
      2. In your case, Will was signed and registered hence the property is to be given to legal heir ‘ as per Will’.
      3. Probate is to be done by legal heirs to get approval of Court with due process, if any person files an objection or challange Will, the probate application is converted into Suit which take few years to settle.

      Reply
  26. Amish

    My Mother in Law was staying in a Pagadi flat in Ghatkopar. Her son & daughter in law expired in a bus accident 15 yrs back. My mother in law stays with us as she is handicapped. She has made a will in her daughter’s name (my wife) in 2008. Now, she is in hospital & not in a very good condition. The will has been signed by 2 witness & is registered. The Pagadi house in Ghatkopar can go in for a re-development shortly.

    Before the re-development decision & in case of her death can the house of Ghatkopar be considered as my wife’s house ?

    Reply
    • WillJini.com

      Under the Tenancy laws applicable in Mumbai, the right (Paghadi/Tenancy) can not be bequeathed by the Tenant, however person residing alongwith tenant can claim deemed tenancy and landlord can ‘evict’ the relatives with due process of law by filing eviction suit. It is better to Transfer the tenancy to your wife during life time of your in-law by payment of premium for name change to landlord OR sell the property during life time of in-law. Otherwise there are chances that landlord will not recognise your wife as tenant

      Reply
  27. mukund sharma

    मेरे पिताजी मेरे नाम वसियत कर गये है,10sep2010 उनकी मृत्यु परांत मेरी 3 sis में से एक कि पति के द्वारा मेरे उपर दावा किया कि मेरी भी आपकी सम्पति मे हक है न्यायालय 50लाख का एक चौथाई मिलने का Degree मिला है।यह मामला Nov2010में दर्ज किया गया था। मेरे द्वारा सारी बातें writen में दिया गया था।लगता है कि मेगा लोक अदालत में यह फैसला किया गया है ।अब मैं क्या करूं। रास्ता बतायें।

    Reply
    • WillJini.com

      If court has already issued Decree as per Will terms OR due to ‘defective Will’ allowing all legal heirs equal share as per Hindu Succession law, you have to obey OR you may go to higher court in ‘appeal’

      Reply
  28. TK

    I have a question. My father died in 1993 and after his death elder brother got govt. job but neither take care of my mother nor me and brother who were young. My mother tried to get the house which was on my father’s name on her name but somehow couldn’t because we were told that she cannot do this unless all the children gives consent that they don’t have nay problem.
    But my question is as elder brother is troubling a lot, so if my mother wants to make a will, will there be any problem or will my elder brother can again create an issue?

    Reply
    • WillJini.com

      If your father died without making a Will and if you Hindu, in such case all sons and wife will get equal share in your father’s properties for which a Succession Certificate (Legal Heirship) to be obtained from court. Without consent of all sons (waiver) your mother can not transfer property.

      Reply
  29. mk

    we have ancestral properties..my grand father declared a will and a codicil before his demise…but after many years about 25 years later one of the successor is denying to honor a part of the codicil…at the same time he is claiming a share in other properties by the same codicil…can anything such be allowed..if not can u provide any case refarals…thank u

    Reply
  30. ramesh

    Sir I want to know that my grandfather make a will in 93,05, & 07 last and final will he cancelled all last will after 07 will
    In this he wrote clearly I have 3 property
    1 for my big uncle &2 , 3 to my father cause younger uncle is mentally retarded .uncle depends on us .
    Court case is going running from last 5 years.
    But right now the main problem we are facing is that we give property on rent to coprate group .He send notice to them by advocate to that I have 1/3 hissa in this property please give me1 /3 of rent in my a /c
    And notice to electricity department to do sent give new connection for property without his permission .
    Is it leagle ,any other way to cross this notices as soon as possible.
    We have also running a case in rent controlled
    To kick of the old shopkeeper to empty the shop in this he also make a party in it and refuses to empty the shopkeeer to don’t empty the shop.will was Un registered but 2 witness is there.
    Please help me
    Ramesh rajasthan

    Reply
  31. amit kumar tiwari

    Kya bhai ne bhatije ko will likh diya to us par dusre bhai ka hak nahi hoga bhai ke sampatti par

    Reply
  32. Krishna

    Hi,

    Is a will valid which bequeaths un-registered property. The property was registered 10 years after the will was made.

    Thanks.

    Reply
  33. E.V.Ittan Pillai

    Dear Sir,

    I have an issue. My father Sri. Ittan Varkey died on 12-02-2015 at the age of 100 years. He wrote a will in favour of me on 18-03-2003 while he was 89 years which was duly registered and my only son who is working abroad managed to get another will signed by my father in his favour on 22-07-2009 while my father was 93 years which was also registered. The second will was written while my father was under treatment for ” advanced Parkingnism and Dimentia” The fist will was not cancelled nor revoked. It was written as a modification and no cancellation fee was paid. Please advice me about the validity of the second will. A case is pending at the Magistrate Court for creating fraudantly a second will.

    Reply
    • Nasir Mohamed

      Under Section 18 of The ‘Registration Act, 1908, though the registration of a Will is not compulsory, once a Will is registered, it becomes a strong legal evidence that the proper parties had appeared before the registering officers and the parties had attested the same.

      Once the scrutiny of Will instrument is done by the Registrar and Registrar is satisfied with all the documents then Registrar will make the entry in the Register-Book by writing year, month, day and hour of such presentation of the document and will issue a certified copy to the testator.

      In this case the attestation by two witnesses who must witness the testator executing the Will will be crucial. The witnesses should sign in the presence of each other and in the presence of the testator.

      It is important to note that either registration or non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

      Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.

      A person who propounds the Will or produce the Will before the Court and wants the Court to rely upon the same has to prove that (i) the Will in question is the legal declaration of the intention of the deceased; (ii) the testator, when executed the Will, was in a sound and disposing state of mind; and (iii) the testator had executed the Will of his own free will, meaning thereby, he was a free agent when he executed the Will

      Moreover, the onus of proof on the plaintiff (or on the persons who propounded the Will in such cases) is of two types – (1) to discharge the burden as regards the legal and valid execution of the Will, (2) to remove the suspicious circumstances surrounding the execution of the Will so as to satisfy the conscience of the Court.

      Reply
  34. MANJULA

    If the sole party decided to write a will of his own property to his sons 50 -50 residing at foreign place. Now the party is residing in her own property, if the will she writes if she stays in her brothers place giving his address, will it affect after the death of party.

    Reply
  35. krishanlalsoin

    Is it a must that a will has to be registered in your own area. i being a senior citizen cant go upto 18 kms from my residence. i have also a sub registrar at 5 kms distance, is it possible i can get it registered there or any such system where i have not to run for registration of my will

    Reply
  36. laxmi chakraborty

    Hi sir,
    few days back I saw the property paper of mine in which my name spelling is different from what I use in my documents, will this affect me in future or I would rather change the spellings.
    Please suggest as soon as possible.
    Thank you

    Reply
  37. Vasanth Madhav

    Whether a property in dispute and pending adjudication of title and share can be bequeathed by a WILL

    Reply
  38. Anuj Singh

    I want to purchase the land of narsing singh who has expired 1 month before.narsingh singh has one son and three daughter.now eachone is selling property only orally not any written document. Is it valid in hindu rule to sell orally divided property of late father.property is self acquired

    Reply
  39. rekha lala

    Meri younger sister ke pati ke death 04 sal pahle ho chuki hai . koi ghar me kamane wala nai hai . kya meri behan apne minor son(under 16 years of age) ke property bech sakthi hai. eska punjab mein ke rule hai. please reply me. thanks

    Reply
  40. abhishek sharma

    what if there are two wills and last will is not registered and second last will is registered.what is the legal point on this issue.

    Reply
  41. NAIR

    hi sir i want give my property to my sister younger son after my death so i made a will and witness is my sisters 2 elder son and i have 2 brother also and the will is not registered so is their any legal value for this will or should i make registered in the sub registrar office please advise me i am from kerala

    Reply
    • sudershan dubey

      sir, mere pita ne unki samast property ko mere chhote bhai ke naam aur uski patni aur bacchu ke naam wiil me likh di hai. yah baat mere chhote bahi aur pita ne mujh se gopniya rakhi, yeah baat mujhe pita ki death ke baad me maalum hui hai jiske kaaran mai dipression mai hu,mujhe dukh is baat ka hai ki mujhe mere pita ne is layak bhi nahi samjah jabki maine hamesh sir, aisi situition mai mujhe kya karana chhahiye.

      Reply
  42. NAIR

    hi sir i there any legal value if the the will is attested by a notary and how can i executive this will please advise me

    Reply
  43. anjani kumara

    kya husband ki deth ke baad wife will ko challenge kar sakti hai.. kya wo apne husband ki property wapas pa sakti hai

    Reply
  44. Rahul

    Hi LegalIndia,

    My grandfather made will for my father around 8 year before after his death my father applied it to district court but due to compromise between uncle and father he revoked the case with some amount,
    but uncle has not given that amount, till today date around 6 year has over, now can he apply it again is there any property law which act is once u revoked the case u cant apply again.??

    Reply
  45. rajee

    property will banane ka kya tareeka hai? examp;e ram ke 3 bete or 1 beti hai to kya ram k beta beti ya ram k pota poti, ram ki property par haq jama sakte hai. agar ram ne will kisi ke naam nai ki,to ya

    Reply
  46. Manjeri Sunder Raj

    Is there to any body’s knowledge any Decision, of the Supreme Court or High Court that a Will attested by one person alone, or by a Notary Public attesting the testator’s signature/thumb impression cannot be contented to be invalid and un acceptable if it is proved u/s 68 Evidence Act by the said sole attester in court.?

    Reply
  47. M S PARTHASARATHY

    Can a will that bequeaths all the testator’s assets to the testator’s spouse also provide for bequeathing the assets to specified others in case the spouse predeceases the testator?

    Thanks

    Reply
  48. Narasingha Das

    Whether an Will can be treated as valid in law after death of the executor, if executor of the Will before his death, sells or dispose of or transfers any portion/quantum of lands, the portion/quantum that was included in the will at the time of execution of the will?

    Reply
  49. Vikas

    Respected Sir
    I wish to know the outcome of the below will

    Mother has made will of house in name of one daughter who has taken care and constructed house can the will be considered valid and execution of the same be done giving other daughters the share as mentioned in will
    Pl sir guide me as a lot of confusion is prevaling in my family

    Reply
  50. Pankaj Parikh

    I like to make will and revoke power of attorney. I also want to add my wife on bank account and delete my nephew name as operating person.
    Can you suggest or provide help
    Thanks

    Reply
  51. anandam

    my motherinlaw died 3 years ago without executing WILL as per the knowledge of her children . All of them amicably shared the property known to them After 1 year their maternal uncle son says that He has a Will of deceased proposing him to own th property

    Reply
  52. Hari

    Sir, My grand mother made a registered will. Legaltee was my father. both of them died. But father died before grand mother. so is the will valid?? as i am the only son of my father will the property comes to me?

    Reply
  53. Trevor Michael

    If a British national residing in India makes a Will, is it valid in India? The Will is in favour of someone not related to him. Or can his sister (Indian national) contest the Will?

    Reply
  54. Trevor Michael

    If a foreign national (British) residing in India owns movable and immovable property in India and makes a Will in favour of a person not related to him, is the will valid or can his legal relatives (sister of Indian nationality) challenge the Will and claim the property?

    Reply
  55. sanjay kumar

    suppose if any lady is owning property on her name n purchased that before her marriage..there is no contribution of her husband in that. after short period of marriage she may go for divorce … in this case she wants to make a will to give her property in her mother name ..only…is it possible…or there my be some objections from her husbans side…

    Reply
  56. Anuj Deshpande

    I wanted to know whether a person can make a will a property that is not in existence right now but it is sure that the property will come into existence in near future..???

    Reply
  57. Ashim Guha

    I am show casing one incident of will…mother makes a will and dies after three years. Will is on three daughters name. Orig will is with youngest daughter and she is not cooperative. Two daughters are in badly need of financial support as one ahs become widow and wants to sell property. What is the solution?

    Reply
  58. Kuldip Singh Lamba

    Can a legally divorced wife who, obtained maintenance during the course of litigation and, a settlement amount on Divorce, claim when her ex-husband inherits a residential flat (in which he is living) through a Will in his favour?

    Reply
  59. Niranjan Gandhi

    You have mentioned that there is no need to sign every page of the Will. However, this may lead to mischief by an heir who can replace the unsigned pages to favour himself using the same typewriter/ printer as the original.

    How can one ensure that this does not happen?

    Reply
  60. venance victor

    I wish to know if testator can make ways on how his body should be disposed after his death and its legality as in TANZANIA,KENYA ,UGANDA laws relating to WILLS

    Reply
  61. Ajay

    I wanted to know if its necessary to register a will. Also, if a will is to be made on a Stamp Paper, what should be the denomination if its made in Mumbai

    Reply
  62. kirtana

    In the Indian sontext, How does one define “ancestral” property? For the testator, is it just property he/she inherited from a parent?

    Reply
  63. Jagadeesh

    I have bought a land based on the will, where the testator has five childrens and he made the will for his two sons. now the three girls have filled a pettition for there share, The will was made on 1984 and i have bought the land on 2013.
    The will is unregistred, but satisfies all the aspect of the will creation and registrar had accepted this and taken legal opinion befor purchase.
    Can I win the case?

    Reply
  64. RS Pawar

    If the executor in the will does not execute the will even after 20 years of death of testator, what legal remedies are available to benifiaries of the will ?

    Reply
  65. pvsn gupta

    executrix of will authorized her sons to sell her site of 150 sq.yds. without any consideration since the executrix received the entire sale consideration from the purchaser. After the death of the executrix the sale deed was executed in favour of the purchaser. Is the transacasiton valid.

    Reply
  66. jayesh parikh

    my father 85 years old wants to make a will of his property, that includes his shares, bank FDs, house from inheritance, Bank A/Cs etc. Pl. guide for the same. My mother aged 80 is also alive. He wants such wil that all his property shared between his three sons equally after the deaths of father & mother.

    Reply
  67. Rajeev Kumar

    my father expired in 2002 last year we came to know that he had executed an will he was suffering from cancer and expired within 2-3 months can I contest the said will on the grounds of his health condition

    Reply
  68. pradeep goyal

    One person had taken a will letter on a plain paper by a thumb impression only during feb. 2005. It is not registered will. Is it legal and acceptable at court.

    Reply
  69. S.K. Kapoor

    Sir,
    I am 63 years old and want to will all my property and bank balances in the name of my two daughters. My who is alive had already willed a property jointly in my name along with my brother’s name. Can I will this property which is yet to be owned.
    Secondly, I have in the process of owning another property which will be handed over to me only after completion in 2015. I have already paid majority of the instalment for this property. Can I will this property too.

    Reply
  70. Avanti

    I have a query , my grandmother had made a will and is registered. Unfortunately we have lost the copy of the will so could you please guide me how to search the will. Is there any particular site for this purpose and the will is registered in Pune , Maharashtra, India

    Reply
  71. Komal

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    As our services complement yours, I believe there is a possibility for us to work together in mutually beneficial ways.

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    Look forward to your response.

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    Reply
  72. rajesh thakur

    My grand mother will only two person name but she have three son .so my gr.mother have frod intencity but two bro sing .by frod .we can any leagle action. pl help me

    Reply
  73. Mrs. Shanta Mudaliar

    My Grandfather owned a house at Nagpur(Maharashtra). He left behind him 6 sons, out of which 2 sons died unmarried. Remaining four sons were married and left behind them their legal heirs. I am married daughter of one of the four brothers. The house property still remains un-partitioned. Now the other two married brothers’ families are claiming those two unmarried brothers’ shares in the property stating that they left Wills in their favour. They neither show the Wills nor give any details of their contents, etc. and want to sell the whole property and share the proceeds as a family settlement amongst all legal heirs. I am opposing the Wills stating that no Will could have been written by late two unmarried brothers in respect of ancestral property, as the property share was not acquired by them in their lifetime. I have also asked them to obtain Probate of the disputed Wills. They say that I should go to the Court to file a case against them. I am at Jabalpur (M.P.) and find it difficult to sue them at Nagpur. PLEASE ALSO ADVICE IF A MARRIED DAUGHTER WHO IS NO MORE CITIZEN OF INDIA AFTER HER MARRIAGE CAN ALSO CLAIM HER SHARE IN ANCESTRAL PROPERTY. Please advise on the above two matters and oblige me. With regards,

    Reply
  74. paramveer

    my grand father had a WILL about which my father being the youngest son was not aware.how to get the copy of that WILL from court records.We just know the day of that WILL.

    Reply
  75. kk

    1. Is it necessary to make a will on stamp paper or Plain paper will do

    2. How any one will know that this is the last and final will

    Reply
  76. Kuldip Singh

    I have a registered will in favour of certain person. Now i want to change the will without registering. Will the unregistered will be valid?

    Reply
  77. rohit singh

    a person has made a will .after making will he sell out some of his properties. will that WILL be still alive or it will become void

    Reply
  78. Uday

    My father had purchased a land in 1995 for which i (son) had paid him the total purchase amount and on Rs 10/- stamp paper taken his approval that i have paid the amount. I was not in the city at that time hence father purchased it on his name .
    After fathers death, my two sisters are now asking their share in this property.
    Pl advice what can be done . pl email me.
    Regards,
    Uday

    Reply
  79. Vittala Poojary

    My father made a WILL at his 94 years of age, Will is registered. 3 times he changed the Will and got it registered. 70 Cents land actually owned by him and his wife (my mother who is alive and 85 years of age). In the Will he has stated that his wife, two sons will have equal right along with his 5 daughters and that right ceases after their death. In other words, these 3 persons will have life interest only while other 5 daughters will have absolute rights (they can inherit their share in the property). My questions are – 1. Whether these conditional Will is bad in law and could be contested; 2) whether the will could be attacked because it is made when he is 94 years of age and these 5 daughters have influenced him so as to deprive his daughter-in-laws their rights of inheritance of property of their husbands (i.e. sons wives) and further the Will states after the death of mother her share would go to 5 daughters only equally and not to sons.3. On what other grounds the will could be attacked ? Some of the daughters who never gave single paisa to the parents are also getting equal shares while the eldest son who took care of all the sisters and parents for the last 50 years is given only life interest in the his share of this 70 cents.

    Reply
  80. Pabitra Pal Chopwdhury

    Though registration of a WILL is not mandatory, but if some one submits to the jurisdiction of the Registrar, can be subsequently execute another unregistered WILL without cancelling the registered one?

    Reply
  81. vijay

    we are two brother and one sister.my sister was married and died 5 years ago. my father is alive and 95 years old and pension holder.my father is always living with my younger brother I fear that my father will gives all ancestral property to my brother or he may sell the ancestral property.my question is that whether I can ask to my father for share in ancestral property during his life time legaly. pls pls help me.

    Reply
  82. A.PRAKASH

    It is not nnecessary to Register a will. There is no necessity of getting aill probated in Delhi..But the Bans,SEBI, DDA,HUDA JDA etc stillinsist for a probate. These Organisations should be familiarised with the Rule positio and just say get a Probate done. It costs a lot pf money by way of Court fees and the lawyers fees. An inexperienced lawyer can get the matter hopelessly complicated and time consumong. This aspect should be given wide media publicity

    Reply
  83. M. R. Mallya

    M. R. Mallya
    Dear Sir, Normally, a person desires to keep details of his assets and also beneficiaries a secret. Hence, he does not want the witnesses to know what is bequeathed and to whom. Is it compulsory that the witnesses to the will should know the contents? I shall be thankful if this is clarified.

    Reply
  84. M. R. Mallya

    Dear Sir,

    Normally, a person desires to keep details of his assets and also beneficiaries a secret. Hence, he does not want the witnesses to know what is bequeathed and to whom.

    Is it compulsory that the witnesses to the will should know the contents?

    I shall be thankful if this is clarified.

    Reply
    • Abhi

      No The role of witness is only to assure that testator has signed the document in front of him. Thats it! He has nothing to do with properties details mentioned in that. So dont show any details to testator.

      Reply
  85. Suresh Kumar

    Hello,

    In February, I lost my father without any will. I am the only son and my sisters have no objection for me to be sole successor for all the property. Could you please advise the legal steps for transferring the agreculture land and house in my name.

    Thanks

    Suresh

    Reply
  86. Bala

    Your article was good and I have a question. 1. I and my wife have immovable properties in Chennai, Mumbai and Bangalore; while making WILL, do we have to make separate Wills and all can be mentioned in one Will?
    2. Whether Probate is necessary in the case of immovable property at all?
    Thanks and looking forward to your response.

    Reply
  87. BKG

    The nephew (A)of a Parsi bachleor (B)claims that the (B) can not transfer the property standing in his name to anyone else except the nephew under the Indian Succession Act. Some of the property was self acquired by the (B) and other was bequeathed to him by his late uncle (C) who was also a bachealor. There is registered sale deed where the (C) acquired the property in a Govt. auction. (A) claims that whatever property bought by (B) & (C) is from ancestral funds and hence becomes ancestral property.
    Question 1. Does the principal of ancestral property apply to Parsis under Indian succession Act. The concept of right to ancestral property is alien to Parsis.
    Question 2. Can (A) above lay claim to ancestral property without any evidence.

    Reply
  88. Anil

    Sir,

    I am Anil from M.P. We are 11 bro & sis MY feather died in 10.07.88 We have a house .MY brother has tried to transfer this house and application submit to Municipal coporation in Dcc 12 when this thing has come in to my knowledge I have files a object in to Municipal corporation on 12.12.12 stating that my father died in 1988 and we are 11 bro & sis . So this property should be be transfer in to single name.after that Municipal corporation refused my brother request for name transfer.
    Then my brother has filed a writ petition in MP High Court
    ( on motion) for transfer the property in his name on 20.02.13 under section 226 of Constitution of india And High court instruct to Municipal corporation on 27.02.3 stating that re consider my Bro application and decide this case as per act and and as per document submitted by my Bro.
    then Municipal corporation has transfer this property in to my brother name. Without giving us any change of hearing.
    It has come in to our knowledge on 14.04.13 when we reached to municipal office. Municipal officer informed that Your house has transferred in to your brother name on 03.04.13.

    When I enquired with them they told that your bother has take a order from High court so we have transfer the property.

    We have taken all document from nigam through RTI.
    After checking of document I found that My Bro has produced Will dated 10.01.86 of my father.

    Now my question is that when my father prepared a will in my Bro favour on 10.01.86 and my father died on 10.07.88.
    At the time of my father death we are 4 children was minor .
    After death of my father Will was come in force on 11.07.88 then why my BRO was silent up to 24 years.
    After death of my mother in April 2007 We have try to transfer the house in the name of ALL 11 members. At that time brother had put objection in Nigam . at that time in 2007 why not he has declared the will of my father.why declared now.

    I am 100% sure that whatever will has produced by my brother is totally wrong and illegal .
    Neither high court gave any chance/notice for hearing or Nigam gave any chance to us.
    So I request you please suggest me what should we do. We are not financially sound and my 3 sister is unmarried yet. While my brother has always fraud my father and all family . He kept all money/jewellery . My father also gave him capital to start business in 1882.
    I will be very thankful to you

    Reply
    • kaviraj

      After death of my father my sister wants to transfer the house in her name as my mother is also alive , and she does not want to share the house to any one of son’s ,she has taken mother is under the influence on her side , my father had made a will ,which the copy is not given or shown to me or my bothers ,as we have raised a objection on it. i want know how to clarified this problem .I shall be thankful to show the right way.

      Reply
  89. Ankit

    my unmarried aunt died last year. How can i get to know whether she had a “WILL” or not? From where can i get the copy of the will? Please let me know the concerened department to make an enquiry

    Reply
  90. Madhukar Doshi

    My wife expired on 26.10.2010, A self aquired plot in rajkot(Gujarat) and a self aquired plot in Jamnagar ( Gujarat) are in her name. She left myself,one unmarried son and one married and one unmarried daughters. Now we all want tosale these plots. His movable properties had been distributed equally in books. kindly advise us legal formalities to sale the plots.

    Reply
  91. shadab

    my name is shadab my grand father has done the will in favour to my grand mother and she is dead before my grand father now what will be the will

    Reply
    • rakesh

      My father left will in favour of his grandson ( my son ) in which he had bequeathed the property in favour of his grandson when he attains the age of 21 years to be exclusive owner of property under the guidance of his parents ( me and my wife ) . Now the son is 21 years – is it necessary to get it registered or exercise the right or what is the time that the same exercise to be kept in limbo since I am not on good terms with my wife and the son who has been bequesthed with the property is under the influence of his mother

      Reply
  92. Raj

    Can I make conditional will? that is first to one person and after the death of that person to another person of the same property?
    Is the executor of the will required to present probate to the cooperative society for transferring the flat and share certificates in his name after the death of the testator?
    In case the executor of a will who has obtained probate,wants to sell the immovable property to third person,what documents he is required to produce for the transfer of the property to third person?What documents he is required to submit to the registering documents for transfer?

    Reply
  93. HARISH K MALHOTRA

    Is there any time or limitation period for getting a bequeathed property registered with REGISTRAR as given through WILL by deceased TESTATOR. if yes what is the purpose, procedure and time limit?

    Reply
  94. kd

    My uncle was unmarried and bequeathed his undivided share in ancestral property (old house) to me by a registered will. My uncle passed away in year 2003. Now am I legally owner of his undivided share in the ancestral property by virtue of the said will ? please advice me about the same.

    Reply
  95. pina

    my father had self aquired movable n immovable property. we are 3 sisters n 2 brother. All r married. i m doctor n nri husband took one sided divorce in melbourne court. father made a will n gave propery to mother. i had a small son. can a mother drive me out of house. can a mother do a will?

    Reply
  96. s s prabhakar

    can my father give by his will a property

    My father by his will has given properties to his daughters leaving the sons. the property is ancestral and out of 5 sons 3 have signed the will as witnesses. 30 years elapsed. the 3 sons along with the other 2 (they are unaware of the will) want to contest. kindly elucidate the position.

    Reply
  97. Ashish Mali

    My grandfather made will(Registered) for his for four sons,,,, of his unmovable property but Mamlatdar (Vadodara , Gujarat)want’s Probate for uploading of name in land record,,,, as per discussion with advocate said no need probate for Gujarat state… only metro city need probate for entry in property,,, kindly suggest me what can i do,,,,,

    Reply
  98. jatin patel

    There is one family. father name is rangabhai and mother name is bhuriben.and he has four son. 1)maganbhai 2)kantibhai 3) amrutbhai 4)dahyabhai. rangabhai is owner of all the property. All the property of this family connected with the name of rangabhai.

    In Amrutbhai’s family,there is only one daugher and his wife. And amrutbhai already has deid.

    In maganbhai’s family, there is of his wife, son and two daughter.and duaghter are already married.

    And, dahyabhai is not married.

    In, kantibhai’s family, there is of his wife and two son.

    There is no any will made by rangabhai. so, after the death of rangabhai, how to distribute all the property of rangabhai among his family memers ?

    so please advice me about that as per indian law.

    Reply
  99. Anand Kumar Jain

    Can A widow execute a will of her husband’s share in ancestral property when the succession was opened before 1956 and she got no title to the property except right of maintenance including a roof to live in?

    Reply
  100. MANOJ KUMAR SRIVASTAVA

    WHAT IS THE COST OF STAMP PAPER TO WRITE A VALID WILL. I MEAN HOW MUCH MONEY REQUIRED TO WRITE A VALID WILL. I MEAN THAT WHAT WOULD BE THE COST OF STAMP ON WHICH WILL IS WRITTEN.

    Reply
  101. s p

    can my father give the ancestral property to any of his successor on his personal choice as a right?

    Reply
  102. vikusa

    a)If the property that is willed is in Delhi and the executor is in Mumbai, should the will be probated in Mumbai or Delhi.
    b)If anyone wants to challenge the will which court does he/she file in Mumbai,Delhi or anywhere?

    Reply

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