When a person registers a will, they specify how and to whom the assets and properties will be distributed after death. Of course, the property and assistance can only be owned by the individual. It is not necessary to enroll a will since, according to the Indian Succession Act of 1925; the testator is free to decide not to.
Nonetheless, if your will's provisions are to be carried out after your passing, it is advisable to have it registered. To put it another way, if your will is not recorded, its validity or veracity may be questioned, making it sometimes impossible to verify.
When depositing a will with the Registrar, the testator or any other person lawfully authorized by the testator should be sealed. The Registrar would hold the cover containing the will after the identification of the testator or the person authorized by the testator was confirmed.
A testator may apply individually or through a lawfully authorized representative if they seek to modify or revoke a Will from the Registrar.
The will is delivered once the Registrar is satisfied. Any person may request to the Registrar for the opening of the cover containing the testator's will in the event of his or her death. In this situation, the Registrar might open the cover in front of the applicant and provide them a copy.
Procedure:
Get a competent attorney to prepare your will and translate your intentions into legalese. Know that when it comes to wills and testaments.
After the will is written, the testator should go to the Registrar for registration with at least two witnesses.
Will enrollment takes place in the sub-office Registrar’s a will must be signed in front of witnesses, along with address and photo verification. The witnesses must also bring verification of their addresses and photos.
Once registered, it may be held in a bank safe or in the lawyer's safe custody. Also, the registrars are permitted to store wills on deposit. You must enclose your will in a sealed cover if you choose a registrar to protect it. The registry will keep the will after verifying the testator's or the authorized person's identity.
You can personally deliver your request or have an authorized agent do it on your behalf if you desire to have the Registrar remove the will. The Registrar will deliver the will to you if they are pleased.
A Codicil, a document that lists the changed portions of the will, can be used to update or modify certain sections in your will. It must then be stored at the Registrar with the original will after being attested by the testator in front of two witnesses.
Anyone may ask the Registrar to open the cover holding the deceased person's will if they are interested. The Registrar will, however, not open the cover until the testator's demise has been established. In the presence of the petitioner, they open the cover and present a copy of the will. Until a court directs the Registrar to turn over the original will, it will stay in their possession.
It is true that a will need not be registered in order to be legitimate. Each legally entitled heir is free to battle for the same under an unregistered will. So why is registering a will recommended? The government does not view a will as the only legally binding document that can be used to distribute a decedent's estate or other assets.
The executor designated in the will starts testamentary procedures in civil court once the will owner passes away. Within two years of the will owner's passing, they must apply for the same. The will testator's demise must also be attested to by the executor.
Also, they should attest that this is the decedent's testament. The lawful heirs of the testator are given notice by the court to oppose to the award of probate or to have their citation published in the neighborhood newspaper. The court also determines if the submitted will is the real last testament of the decedent.
property lawyers in bangalore can be appointed if the property is situated in Bangalore. Moreover, if the property is situated in Delhi then property lawyers in delhican also be consulted. property lawyer mumbai can be appointed if the property is situated in Mumbai.
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