How to preserve the will ? What are the Laws related to safety of will?
Вставка
- Опубліковано 9 лют 2025
- #Property_law #saledeed #probate #Transfer_of_Property_Act #Letter_of_Administration #Registered_Will #unregistered_will
SLP(CIVIL) No.17303 OF 2022
WILSON PRINCE VERSUS THE NAZAR & ORS.
Arguments of the petitioner: The petitioner argued that in testamentary matters, the originals especially the Will are always kept in safe custody and cannot be destroyed by applying the Destruction of Records Act, 1917.
Relief Claimed: He demanded a vigilance inquiry for the truth to be out soon and in all probabilities the Will in question will surface out.
Court observed that: The record is destroyed probably in ignorance of the civil rules of practice laid down under the heading of “III Preservation and Inspection of the Wills”.
However, the “Register of Original Petitions received” and the “Inventory Register” in relation to the above case are available in the court record room.
INTERESTING ASPECT OF THE CASE:
In the writ petition filed by Mrs. Mary claiming that under the Will, life estate was given to one Mr. J L Gabrial and that since the beneficiary was a minor, the vesting of property was postponed till the attainment of majority. The life estate holder Gabrial passed away on 22.02.1992.
This left the entrustment in favour of the Mary’s father. She got the particulars about the filing of the probate proceedings, only from Lloyds Bank, which has main establishment at England.
Mrs. Mary claims to have come across the involvement of Lloyds Bank only from the diary of her late father. From Bank, she got details of probate petition.
Court observed: It is clear that she did not have any knowledge about the contents of the Will and the bequest made under the Will. She is on a treasure hunt, if not a wild goose chase, in the hope that there exists a treasure and that if found, it will be hers. The Court cannot go to the aid of such a person.
It is true that the original Will submitted for probate could not have been destroyed. In the normal circumstances, with the probate embossed on the Will, the original should have been handed over to the Executor.
The court could have thought of providing some relief that is possible within the framework of law to the petitioner, if the petitioner has at least seen the copy of the Will and is aware of the contents.
On a guesswork made by Mrs. Mary, Supreme Court cannot order an investigation into what happened to the Will.
Hence, the Special Leave Petition is dismissed.
Delhi Registration Rules, 1976
Section 6. Preservation of Wills and authorities to adopt.
-(i) The Registrar shall be supplied either with a fire proof Safe or Almirah. In the Safe or Almirah shall be kept Wills in sealed covers.
It shall not be used for any other purposes whatsoever.
The key of Safe or Almirah shall remain in the personal custody of the Registrar, who alone shall open and close it.
The Safe or Almirah shall be kept safe dampness.
It shall be opened and examined atleast once in three months to ascertain that its contents are in good condition, and that the lock is in order.
(ii)If any Will through age and dampness is subject to decomposition in such a way that it appears likely to become useless, the depositor or his legal representative in case the depositor is dead, shall be called upon to replace it and inform that unless he does so, it will be destroyed when
no longer legible. Such destruction shall be carried out in the presence of Registrar, who shall record a note thereof in his own hand writing in the register.
धन्यवाद सर जी
Sir, Kya vo apartment lena chaiye jiski WIL probate na hui ho? Or abhi property husband k expire hone k baad wife k name par hai with mutation (as mentioned in the husband's WIL) or WIL probate nahi hai.
or agar purchase karte hai to kya future mei koi issue ho sakta hai? Please advise.
Sir mai abhi jis jamin pe huu lag bhag 20years + ho gya hai aur permanent concrete settlement karke hoon...lekin jamin mere do behno ke name mai hai , 2026 mai unlogo ko probate mila tha...abi me kya karu sir woh log jemin bechne ka dhamki de rahe hain....
It is better to talk to them first then think of legal remedy.
@legal_outlook Sir I tried to talk and settle the matter by giving them some money but they are not willing to....so what can I do to protect myself,i have two kids and they are still studying and I am retired teacher.
नमस्ते सर जी
आपके द्वारा बहुत ही महत्वपूर्ण बिंदुओं को बहुत ही सरल तरीके से समझाया जाता है जो कि हमारा कानूनी ज्ञान बढ़ाने में मदद करते है।
मुझे यह जानना है कि क्या कोई व्यक्ति अपनी अलग अलग संपत्ति के लिए अलग अलग वसीयत तैयार कर सकता है अगर ऐसा हो सकता है तो फिर पहले और आखिरी वसीयत का क्या सेंस रह जाता है सर जी
कृपया इस विषय पर भी एक वीडियो अवश्य बनाएं सर जी ✅
Good night sir? Nice sir? Sir Muslim law me probat lana zaruri hai kaya? Hai to koi suprem court ka judgement boliye? Nahin to be suprem court judgment boliye? Muslim law me oral will ko suprem court me allowe howa judgement boliye?
NO need for probate in Muslim Law.
सर जमीन विवाद में हारने के बाद 17साल बाद दुबारा केस चालू हो सकता है क्या
No