Introduction
Unregistered wills often lead to confusion and legal challenges after the testator’s (the person who made the will) death. While many people believe that only registered wills have legal standing, it is possible to act upon unregistered wills if the correct procedure is followed promptly. This article will cover the essential points you need to know about unregistered wills, how to handle them, and the importance of acting quickly to avoid future disputes.
1. Action Upon Testator’s Death
When the testator dies, the unregistered will needs to be acted upon immediately. Failing to address the will promptly could lead to confusion, disputes, or even legal challenges. Ensuring the will is executed properly requires swift action to avoid complications with property inheritance or legal status.
2. Submitting the Will to the Village Administrative Officer (VAO)
After the testator’s death, the beneficiary of the will must approach the Village Administrative Officer (VAO) to get the patta name changed. However, if the VAO notices that the will has not been registered, they might question its validity and advise you that the will is not legal, leading to confusion and concern for the beneficiary.
3. Legal Status of Unregistered Wills
There is a common misconception that only registered wills hold legal standing. Many revenue officials and sub-registrars view unregistered wills with suspicion, thinking they are unreliable. However, unregistered wills can still be valid if submitted and processed correctly, although they might face more scrutiny compared to registered wills.
4. Fraudulent Wills and Registration Issues
It’s important to note that even registered wills can sometimes be forged. There have been instances where signatures from a deceased person were fraudulently obtained and substituted during the registration process. This is why both registered and unregistered wills must be carefully reviewed.
5. Handling Unregistered Wills
When you bring an unregistered will to the sub-registrar’s office, it might be dismissed without proper review. The office may advise you to take the matter to court, adding unnecessary complications. However, the correct course of action is to submit the unregistered will for review within the required time frame.
6. Proper Procedure for Unregistered Wills
The correct procedure involves submitting the unregistered will to the sub-registrar’s office within four months of the testator’s death. The executor or beneficiary must file the will to ensure it is processed correctly. Delay in submission could lead to the will being declared invalid or cause additional legal hurdles.
7. The Role of the Sub-Registrar
The sub-registrar plays a crucial role in reviewing the will. They will examine the unregistered will thoroughly and, if necessary, issue summons to related family members and witnesses to verify its authenticity. This investigation process helps to ensure the will’s validity and prevents fraudulent claims.
8. Registration Decision by the Sub-Registrar
Once the inquiry is complete, the sub-registrar will make a decision about registering the will. If the will is approved, it will be registered. If it is denied, the reasons for denial will be recorded in Book 2 of the sub-registrar’s records, which is an important step in documenting the will’s review process.
9. Storing in Safe Custody Does Not Equal Registration
Simply keeping an unregistered will in a safe deposit box does not equate to registering it. For the will to be valid, it must go through the proper registration process. Without formal registration, the will remains legally invalid, even if it is safely stored.
10. Immediate Action Required After Testator’s Death
Once an unregistered will is discovered after the testator’s death, it must be submitted to the sub-registrar as soon as possible. Claims such as finding the will after a year or delaying submission within the family will not help make the will valid. The longer you wait, the more complicated the process becomes, potentially leading to legal disputes.
11. Posthumous Registration
In some cases, the sub-registrar might still accept an unregistered will after the testator’s death and register it, provided the will is submitted promptly and verification is completed. However, if the will is not accepted, the sub-registrar will conduct an investigation before making a final decision to approve or deny registration.
12. Prompt Submission Is Key
If you find an unregistered will after the testator’s death, it is essential to take it to the sub-registrar’s office immediately. Avoid waiting or involving neighbors and family members in disputes, as this will only complicate the situation further. Prompt action is key to ensuring the will’s legal standing and avoiding disputes over the testator’s property.
Conclusion
An unregistered will can still be valid if handled properly, but it requires prompt submission and adherence to the correct legal procedures. By approaching the sub-registrar’s office within the stipulated time and following the necessary steps, you can ensure the will is processed and executed correctly. Avoid waiting too long or allowing family disputes to interfere, as this could result in the will being declared invalid. If you have any concerns or face challenges, it’s always a good idea to consult a legal professional to guide you through the process.
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