Maharashtra - Execute a Will

Advertisement

Procedure

The one who makes the will is known as either a testator or testatrix depending on their gender.
Apply In-Person:

1. The applicant has to reach out to a lawyer, relatives or themselves can be the testator and execute the will
2. When the testator passes away, then the executor have to start the process of executing their will.
3. The executor shall create an inventory based on the will for all the property, gifts and assets as well as their intended recipients.
4. The executor shall file the inventory list and the will with the respective local court as applicable. This process grants the executor as authorized official executor.
5. It is advisable to consult an advocate for drafting.
6. Once the above set of documents are ready, fix an appointment in the Sub-Registrar office for registration.
7. Link for Sub registration office in the state:online link and hit the name of the region under Office Address and Timings to get details.
8. On the scheduled date, go to the registering office.
9. File a few forms as guided by the court officer/the lawyer with the court, provide the original copy of the Will, as well as provide the list of property and assets.
10. On the scheduled slot, please follow as per authorities guidelines to process.
11. Please produce your ID proof in original before the registrar.
12. If the witness signed the will is alive at the time of filing the will for obtaining probate then the witness should be produced before the court registrar along with their original ID proof.
13. Pay the fees/charges as per respective State’s regulations. So, make payment as applicable.
14. After verifying the details in-person, the registrar will sign the respective order (Probate).
15. Probate is a document issued under the seal and signature of a Court authority, certifying that a particular Will was proved. The Probate will have a copy of the will annexed.
16. Registered Copy may be collected in a week or as per notified period. The clerk at the dispatch desk will guide you on how to collect the document and also suggest a probable date for the same.
17. From this point onwards the duty of the executor is to probate the Will in a manner known to law.
18. An executor has a duty to collect and realize the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator.
    

Note:

• All of whom involved in registration must carry originals of ID proof and address proof at the time of registration of will.
• The reason for paying debts first is that sometimes the deceased’s personal property may have to be leveraged to cover outstanding debts if there isn’t enough money to cover everything the decedent owed.

Advertisement

Required Documents

• Copy of the will along with original.
• Inventory list
• Executor address proof (Driving licence / Ration card / Aadhaar card / Voter ID)
• Executor ID proof (Ration Card / Aadhaar Card / Voter ID)
• Property details (survey number, surrounding land details, size of the land etc)
• Challan/DD evidencing payment of full stamp duty, transfer duty (if any), Registration fee and user charges as per requirement.
• Property cards for the mentioned property.
• Proof of Identity of testator or testatrix and also the witness (Ration Card / Aadhaar Card / Voter ID)
• Address proof of testator or testatrix and also the witness (Driving licence / Ration card / Aadhaar card / Voter ID)
• PAN CARD
• Aadhaar card

Note:Apart from the above documents authorities may ask for additional information or documents. Please provide them for processing.

Office Locations & Contacts

Office of the Inspector General of Registration and Controller of Stamps,
Ground Floor, Opposite Vidhan Bhavan (Council Hall),
New Administrative Building,
Pune 411001, Maharashtra , India.
Phone: 8888007777

For contact details:link AND online link and hit the name of the region under Office Address and Timings to get details.

Eligibility

• The executor must be at least 18 years old.
• The executor must not be mentally challenged.
• The court will grant probate only to an executor who has been named in the Will.

Fees

• Registration fees and stamp duty are not same in all states of India.
• Please pay the charges as appropriate at the time of processing in the court.

Validity

• The validity of the probate ends as and when the will details are executed as per law.

Documents to Use

Please attach documents which can be used by people who would like to follow this procedure.

Sample Documents

Please attach sample completed documents which would help other people who would like to follow this procedure.

Processing Time

• Registration process at registrar office concludes on same day (If there was any inevitable situation it may happen on the next working day)
• But, the time for execution of the Will varies with effect to the list of activities.

Note: Exclude document preparation time.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".

Instructions

• When the inventory is prepared make sure to list out the following…
  • List all beneficiaries as per the Will
  • List out the moveable assets as per the Will
  • List out immovable assets as per the Will.
  • Do not miss out any bequests of property.
• Any will is executed after the document is signed by the testator in presence of the witnesses. Apart from the testator two witnesses are required

Required Information

Following are the required information to execute a will

• Testator or Testatrix name.
• Testator or Testatrix address.
• Mobile number and email ID of testator or testatrix.
• Address details of testator or testatrix.
• Document details of property mentioned on the will.
• Asset details mentioned on the will.
• Mention the date and place of execution.
• Executor name
• Executor father name
• Executor address
• Executor phone number

Need for the Document

• A Will, made by the testator or testatrix is created with an executor in place to complete the formalities as per will after the demise of the testator or testatrix.
• If the Will need to be executed, it just can’t be executed as per an executors wish. The executor should make himself an official authorized person before the court to do so.

Information which might help

• The process by which a testator's Will is made legally valid is known as Execution of Will.
• The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.
• Your original ID is required on the date of registration for verification of authenticity and will be returned on the same day.
• What may be bequeathed (included in a will)
  • Property over one has complete ownership
  • Dwelling place
  • Land
  • Money
  • Jewellery
  • Paintings and artefacts of value
  • Royalty
  • Earnings from fixed deposits
  • Land obtained through a lease deed if the deed has not expired

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

More information which might help people.