Asked March 06, 2017

Will and Nominations

  • 1 Answer

With respect to my will. Should I register my will? Can I probate my will when I am alive. I have 2 children daughter and son. I have made my will in favour of my daughter. The flat that I currently own mentioned in the will has been transferred to me after my husbands passed away was purchased by my husband with his own money and is not ancestors property. I would like to protect my daughters interests such that she does not require any NOC from my son in the future in the event that my will is required to transfer the flat to her name. I have also submitted my nomination form. The nomination form that I submitted in 06-Sep-2009 was processed into the minutes of meeting on 04-05-2014 (we were never informed) and given to me last week on 27-02-2017 after my numerous follow ups over the years. I am not comfortable with this delay and hence seek answers.

Answer 1

Since the property you are transferring is a self-acquired property and not an ancestral property; you can very well give it to your daughter without her requiring her brother's NOC. Though we are not aware about the reasons behind the delay in the nomination formalities; you are being advised to go through the documents carefully to ensure there are no amendments. Regarding registration of the will, well in India, registration is not compulsory. However, you may still go ahead with registration. It shall further ensure its validity and since it will remain in the custody of the Registrar (you shall be provided with a certified copy); there will be no scope for any tampering. The probate process in done after the death of the owner to prove the existence of the will. We are not clear as to why would you want to probate the same?


Researcher: Sammanika Rawat



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