Execution of 'Will'

Querist : Anonymous (Querist) 02 January 2011 This query is : Resolved
Respected Experts,
Pl accept my New year’s greeting !!!

My Grandfather has made ‘Will” in Dec’2002 but not registered. Grandfather passed away in Apr 2003.
I want to execute that will now (i.e in 2011) . I have following queries,

1.Is not registered will valid ?
2.Is probate mandatory to execute will ?
3.Do Executers & witness are required again at the time probate in Court ?
4.From which court probate is required to be taken as ‘Will’ is made in one district & property is in another district ?
5.Does delay of 7 years from date of Grandfather’s demise & actual execution make any problem ?

With best regards,

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s.subramanian (Expert) 02 January 2011
1. It is valid.
2. If it is executed in metropolitan cities of Delhi,Mumbai,Calcutta and Chennai,probate is compulsory. Otherwise it is optional.

3. One of the attesting witness has to be examined compulsorily in compliance of Sec.68 of the Indian Evidence Act.

4.From the court in whose territorial jurisdiction the property is located.

5.No problem. You have to explain the cause of delay.

Rajeev kulshreshtha (Expert) 02 January 2011
Agree with Mr Subramanian

Veeresh Naik (Expert) 02 January 2011
Acc. to law will need not be registered. The probate is necessary only if the will is registered in presidency towns like Delhi, Madras, Calcutta, Mumbai for elsewhere probate is not necessary. Execution of will is different and implementation of the same is different. As far as delay is concerned it may cause little trouble for u but if u satisfactorily explain the delay then there will be no problem.

Guest (Expert) 02 January 2011
I agree with expert

Uma parameswaran (Expert) 04 January 2011
I am also supporting Subramaniam sir.

Kirti Kar Tripathi (Expert) 09 January 2011
I am also supporting Mr. Subramanian

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