Legal Question in Wills and Trusts in India

Thanks Rajiv, but we have met 4 different lawyers, 2 say it would be accepted, other 2 said it cannot be used. THAT IS WHERE THE CONFUSION ARISES AND WE ARE LOOKING FOR MORE ADVICE. Would appreciate if you could express your viewpoint on this matter.

Original........We have a copy of my fathers Army Privilege Will, where he bequeaths all his movable & immovable property to his Wife, my mother way back in 1978, when he was posted in Siachin Border Front, during tensions between India-China.

Now after all these years he has passed away after acquiring a couple of properties, leaving no other Will or documents.

Can we use the same Will, that isn�t registered with any Sub Registrar, but is available in Army records, to transact on his Bank A/c's, Shares, Properties, to transfer all onto my mothers name?

Since all the above was acquired much after his retirement and in recent times, would we require a succession certificate to liquidate his A/c's / Demat A/c Shares, transfer the properties and keep his Proprietorship firm business running as it is.

What would be the best procedure to follow?

Thanks and much obliged.


Asked on 2/02/11, 3:09 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

It is a valid Will and may be used for distribution of proceeds of share/demat and other bank account. However, in a recent notification (2010) of Delhi Administration, if the will is not registered, then for immovable property the probate of will is required.

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Answered on 2/02/11, 6:10 am


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