Legal Question in Family Law in India
Registering a WILL
The TESTATOR is handicapped & sick on bed who can not be taken to REGISTRAR's office. The Sub-Registrar office (NASIK CITY, Maharashtra) stated that they will not come for House visit as they are loaded with work & also now registration procedure is fully computerised. They said that, in such situation, we can NOTARISE the WILL which is legally valid & ACCORDING TO THEM, IT IS NOT COMPULSORY TO REGISTER A WILL BUT ONLY OPTIONAL. Please comment whether NOTARISED WILL is LEGALLY VALID & 100% Full-proof, in the event it is challenged by a beneficiary. Also, suggest any additional steps to be taken in order to safeguard the interest against challenge by any beneficiary at a later stage.
5 Answers from Attorneys
Re: Registering a WILL
Yes, an UNREGISTERED will is valid in law. You may ensure signatures of close relatives on the will as witness alongwith that of a doctor who may testify that the executor has made the will with his free will and in a fully conscious state of mind.
Re: Registering a WILL
yes, IT IS NOT COMPULSORY TO REGISTER A WILL BUT ONLY OPTIONAL. Even NOtorised is not necessary, un-registered wills are at par with the registered wills
Re: Registering a WILL
plz show the will. We can wet the will only. Rest Registered will is safe then notary.
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Re: Registering a WILL
a will is not compulsarily regisrable even unregistered will is vaild as long as it is attested by two witnesses
Re: Registering a WILL
What the Registrar said is 100% true.It is not mandatory to register a WILL,so take steps to have witness signatures of atleast three persons intact.
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