Legal Question in Landlord & Tenant Law in India
Un registered will
Dear Sir,
I have plrdged my ansisters property unregisterd will in the bank about 12 years back. I have cleared the loan about 4 years back. Now I wanted to take back the original will which is in bank. Now the bank staff they have misplaced the original will. What is the next alternative to collect the original. If the original is not traced what action I have to take against bank. Can I go legally or with the copy of the will is there any possibilities to create one more lagally. Please guide me.
4 Answers from Attorneys
Re: Un registered will
If u have the copy of will, u can use the same. If you have given any copy of WILL to any authorites, then you can also procure certified copy of will from those office also.
In case if u trace any copy of will, then do get it probated.
You can certainly sue the bank for misplacing the will. Will is as good as a title document, creating future right in the property. So u can sue the bank to the extent of the valuation of the property in the will.
There must be some deed executed between you and bank, and there must be some reference of the so called will in it. You can use that deed also for suing the bank.
Accurate reply and legal action can be gvien only after perusing all documents and after making conference.
Re: Un registered will
you can prosecute the bank for negligence. you can execute a fresh will
Re: Un registered will
you may file coplaint with Consumer court and acn also claim damages.You have an option to execute a fresh WILL and can get the same registered.
Re: Un registered will
sh Mapara and sh Srivastava have already given sufficient reply
see it
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