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Author Topic: Authetication of will by court  (Read 826 times)

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Offline aarti sharma

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Authetication of will by court
« on: February 11, 2017, 08:43:06 AM »
If in will no executor is appointed nor any such estate which requires administration and will is challenged by legal hiers than how will can be validated/certified by court.

Here will was attested by legal heirs as a witness and now they are denying there signature. We can some how convince them to accept the will in court by giving them a piece of property but going forward i want this will to be authenticated as valid by court to avoid any future disputes.

What procedure should i follow

Offline adv.amarnath

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Re: Authetication of will by court
« Reply #1 on: February 11, 2017, 09:01:11 AM »
When Testator has not appointed any executor then Letter of Administration is required to be filed by all the legal heirs of the testator. Foreign department will able to say whether whose signature it is
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Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline aarti sharma

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Re: Authetication of will by court
« Reply #2 on: February 11, 2017, 09:59:08 AM »
Will is in my favor, i can get consent affidavit from legal heirs of will acceptance.

Letter of Administration will be filed by me or legal heirs? since i am the sole/universal legatee under the will and all legal heirs are witness in the will.

There is no administration required as per will, so is there any chance of LOA rejection on this ground.

Please elobarate on "Foreign department will able to say whether whose signature it is"


Offline adv.amarnath

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Re: Authetication of will by court
« Reply #3 on: February 13, 2017, 11:11:48 AM »
It is not possible for you to under the meaning of Letter of Administration... This does not means Administration rather it is a case when executor is died prior to the testator or executor is unwilling to file probate case. Please go through Indian Succession Act...

"Foreign department will able to say whether whose signature it is" This is typographical error. It is will Forensic  Department....
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline aarti sharma

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Re: Authetication of will by court
« Reply #4 on: March 01, 2017, 11:12:42 PM »
You mean to say i cannot apply niether LOA nor probate? Than what is the solution to get will authenticate so that legal heirs cannot challenge it in future. One way we got it is to get will registered now as legal hiers who are witness in the will are ready to register it.

Note: will can be registered even after the death of testator.

What if we can register the will now, will i be safe from any future disputes from legal heirs?

As per succession act, if there is no executor appointed in will than universal legatee can apply for LOA.

Offline aarti sharma

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Re: Authetication of will by court
« Reply #5 on: March 01, 2017, 11:33:49 PM »
Here is the section which allows me to file for LOA

232. Grant of administration of universal or residuary legatees.—When—
(a) the deceased has made a Will, but has not appointed an executor, or
(b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the Will, or
(c) the executor dies after having proved the will, but before he has administered all the estate of the deceased, a universal or a residuary legatee may be admitted to prove the Will, and letters of administration with the Will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered.

Offline adv.amarnath

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Re: Authetication of will by court
« Reply #6 on: March 03, 2017, 06:44:27 PM »
No WILL can be registered before Registrar's office after the death of testator. If you try to do it then you will be behind the bar. WILL is a not compulsorily registered document. Leave it as it is.

When I have said that Letter of Administration cannot be filed? All heirs have to file LOA Case before district judge

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline aarti sharma

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Re: Authetication of will by court
« Reply #7 on: March 10, 2017, 06:48:56 AM »
Section 40 and 41 of registration act allows a will to be registered even after death of testator.
40. Persons entitled to present wills and authorities to adopt.—(l) The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration.
(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration.
41. Registration of wills and authorities to adopt.—
(1) A will or an authority to adopt, presented for registration by the testator or donor, may be registered in the same manner as any other document.
(2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied—
(a) that the will or authority was executed by the testator or donor, as the case may be;
(b) that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section 40, entitled to present the same.



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