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I am given to understand that my paternal uncle has bequeathed his house in Bangalore to me through a Will. But, my uncle has not confirmed this and the Will which is registered is kept in safe custody by my uncle. Though I have applied for a certified copy of the Will, the registrar refused to provide me a copy. Please inform how can I get a copy?

- by Mrunalini, Chitradurga

The certified copies of the “Wills” are made available only to the testator (one who makes the Will) or his authorised agent during the life time of the testator. No other person is entitled to get copies. Only after the death of the testator any person may apply for certified copies of Will. The applicant has to prove to the satisfaction of the registering Office about death of the testator so the applications by third parties should be supported by the death certificate of the testator.

You may also note that the testator may change the contents of the Will, may cancel the will through registration and may make any number of Wills during his life time. Only the latest (last) Will of the deceased testator is legally valid. So, it would be too premature to assume that you will be entitled to the house of your uncle.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- We are three brothers and two sisters. My elder sister was married on 3.8.1989, and has one son.  Another sister was married on 5.11.1995, and has no issues. We three brothers are living together as joint family in an ancestral house and have inherited ancestral property of our grandfather. Our parents have expired. Now my sisters are demanding shares in ancestral property including the house and have threatened to file a partition suit.  As we would like to settle the issue amicably, please advise us.

Q:- I have read that “in the absence of any family member not residing with the tenant all the heirs will be entitled to the tenancy right”. “ I have two married daughters residing in Navi Mumbai and I am at the Central suburb, how can I ensure that the tenancy rights of my daughters will be safeguarded and after my death the tenancy can be transferred in their names according to my will ?

Q:- If the property owner dies, what is the procedure to be followed for transferring the property to his legal heirs.

Q:- I am an Orphan and brought up by my distant relative. Out of natural lone and affection, my distant relative wants to give some immovable properties to me by will which he wants to keep secret.  Please clarify whether will requires to be witnessed or I and my relative could sign as witnesses.

Q:-
My friend has immovable properties in States of Karnataka, Andhra Pradesh and Madhya Pradesh.  He has made a WILL in respect of these properties and wants to get it registered. Please clarify:
(a) As to the state in which will is to be registered.
(b) Can any member of the public or legal heirs of my friend obtain certified copies of the will?