Is the certified copy of a will legally valid?

Is the certified copy of a will legally valid?

My mother left all of her immovable assets and shares worth 10 lakh to me and my sister. However, a fire broke out in our ancestral home months ago and we could not get hold of the original will. Since the will was registered, will be able to get a copy. What is the procedure for obtaining this and what would be the legal validity of such a copy? 

 —Name withheld on request

We understand that the will executed by your deceased mother was presented for registration. We assume that the will is deposited with the sub-registrar concerned who would have certified it as ‘registered’.

In this case, both of you can make an application with the office of the concerned sub-registrar for obtaining certified true copy of the Will quoting the registration number of the will. A certified true copy of the will can be treated as secondary evidence under applicable laws.  

 At the time of obtaining the necessary grant from a civil court, the will of your deceased mother will be required to be proven by way of an affidavit from witnesses who had attested the will at the relevant time. 

    

I own a flat in a co-operative housing society. I am leaving for the US and want to sell the flat. Do I need to register a sale agreement for this? What are the conditions for re-sale of flats in a co-operative society? 

— Name withheld on request

As per prevailing law, any transfer of ownership rights in an immovable property of the value of 100 or upwards can be made only by a registered instrument. Therefore, in the given circumstance, the parties to the sale agreement of the flat will be required to stamp and register the instrument ‘sale deed’ with the concerned office of Sub-Registrar of Assurances.  

The fact that the flat is situated within a co-operative housing society, both the member who intends to transfer his membership rights as well as the intending purchaser will have to adhere to the applicable bye laws of society prior to the transfer of membership by submitting certain documents in terms of the bye laws of the society.

  Aradhana Bhansali is partner, Rajani Associates.

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Published: 19 Dec 2023, 12:48 AM IST

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