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Dheeraj (Lawyer/Attorney)     13 July 2012

Query regarding unregistered will

Dear Sir,

     Please guide as to what is the complete procedure of getting the property transfered on the basis of an unregistered will. If 'A', has executed a will solely on the name of his son 'B', and there are other two heirs also, who are well established but only 'B' is the sole beneficiary of the Will. The will is unregistered and 'A', has expired 5 years back and also the two witnesses mentioned in the Will have expired. Now 'B', wants to get the property transfered on his name. Kindly guide the complete procedure to be followed for the same. 



Learning

 6 Replies

SRISHAILA.DHARANI (Advocate&consultant)     14 July 2012

Pls tell me as to the property is self acquired or ancestral.If it is ancestral, the father can not trnsfer the property to one son, as all are entitled to the property equally.As for as the will concerned, registered or unregistered , it doesnt matter.,the property can be transfered.

srishaila,advocate,sdharani120@gmail.com,bangalore,9741425514

1 Like

N.K.Assumi (Advocate)     14 July 2012

If it is self acquired property of A let B obtain probate from the District Judge, who wil adjudged the genuineness of the will, as the two attesting witnesses are also death and the will is not registered. Will registration is optional, as such B  can vouch safe the genuineness of the will by proving the same through relatives who knows the attesting witnesses and B. All the best . 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 July 2012

You have to get a probate (depending on the city you are in) Probate is the authenticated version of the will, after you prove it's execution. Will is optionally registrable hence you need not worry on that count. Since attesting witnesses are not available - the will can be proved by other means viz. Testimony of Scribe, Relationship equation at the time of death, stamp paper vendor, or other circumstantial evidences.  You can lead evidence as to attestor's signature being theirs, and hence due execution. A will does not cease to be capable of proof only because attesting witnesses are not there, although would become a little difficult. 


Consult a seasoned succession lawyer. 

1 Like

Ajit Singh Cheema (practising Advocate)     14 July 2012

As advised apply for getting probate of the will.

1 Like

Ajit Singh Cheema (practising Advocate)     14 July 2012

As advised apply for getting probate of the will.

Dheeraj (Lawyer/Attorney)     15 July 2012

Thank you all for your valuable comments and guidance. As far as property of 'A' is concerned, it is a self acquired property.


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