- This topic has 9 replies, 4 voices, and was last updated 1 year, 2 months ago by
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BIs a NOTARIZED will through a lawyer enough? Or does it have to be a REGISTERED Will in a sub registrar office with a lawyer?
My parents are unable to physically go to a sub registrar office anymore. Travelling is a big issue for them.
But a proper WILL, will be made through a good and reputable lawyer with proper witnesses by my parents.
Is the NOTARIZED will through a lawyer lesser in the eyes of the law than a REGISTERED WILL?
1. Will the banks for Savings bank account and Fixed Deposit transfer to the legal heir accept a NOTARIZED will over a REGISTERED Will?
2. Will the building Society – CHS accept a NOTARIZED will for flat transfer to the legal heir without any issues, if it’s not registered?
3. Will the courts or sub registrar offices accept a NOTARIZED will for flat transfer to the legal heir without any issues, or will they ask for a REGISTERED will?
I mean are there any disadvantages of a NOTARIZED will over a REGISTERED Will? Or are they equally accepted?
What are the charges for registration of the will? Any stamp duty and registration charges need to be paid for it?
Do parents have to be physically present at the registrar office to register the will? Or can the lawyer, witness and me do the registration on their behalf.
Due to health and mobility issues they simply can’t physically go to a government office.
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ENope dont do it. If you are not a class -1 legal heir. If caught you in bad situation.
Consider getting a probate.
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BYou mean don’t do a NOTARIZED will, and do a REGISTERED Will?
It’s for my parents. I am their child. So direct legal heir!
Why is a probate required at this stage?
Both the parents are alive and in sound mind and just want to do a Will in my name. That’s all.
A NOTARIZED will, because it’s hard for them to go to a sub registrar office due to health and age related issues.
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DHi. Delhi based lawyer here. Notarisation will only add a thin layer of authenticity to the will, whereas registration is the strongest evidence of the will’s validity. Last I checked, physical presence of the testator is essential at the time of registration of will, since their video recording is done during the process, to ensure authenticity of the will. But I believe you can ask for exemption in super exceptional cases. Where are the assets located?
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BAssets are in India. Just 1 Flat, 1 Savings Bank Account and 3-4 Fixed Deposit with the same bank.
Yes Biometrics are taken during the Will – Iris scan, finger prints, photo etc.
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LRegistered Will is better if you have any trouble makers in your family. (Any siblings who are not in good terms)
Notarized will is almost same as un-notarized will when it comes to security and will work if everyone is on good terms.
So it comes down to family dynamics.In Bangalore, I have seen people literally carry their parents to the office and I wish there must be some provision for the super senior citizens at home.
Also these buildings are not wheelchair friendly.Also one other problem I have noticed is older people have problem with fingerprint scanning and iris scan.
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BYes. That is the problem.
No place to sit . No chairs. No proper toilet. Lift. Wheel chair or Senior friendly.
Drinking water. Proper canteen. Nothing!Too risky for heart and brain patient.
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LYou can do 1 thing. Get a notarized GPA from your parents and use it to transfer the property via a registered gift deed.
This way you won’t have any problems later.
Only if your parents are ok transferring the property while they are still around.Although this is not the best option, it will work
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