My father expired in Apr 2012.After his demise when going thru the files we found a self handwritten will dt sep 2005.The will is signed by two independent witness and bequeaths the property to me.Pl clarify the following:-
i) In the absence of a doctors certificate, is the will tecnically invalid.
ii) If the will is valid, then ,
a) is a probate necessary to execute the will,
b) if probate is reqd , then is it a very lenghty,cumbersome and expensive procedure ( charges being asked, range from Rs15k to 25k ,and estimatted timefor the process may extend from 8 months to 1 yr),
c) Is an NOC and affidavit reqd of my siblings, to execute the will, if it is valid,
d) Since my siblings r abroad ( 3 of them), is it necessary for them to be physically present at the court for regn/to complete the formalities /documentation etc.
2. Since the above will is not regd and in the absence of a doc's certificate, the probability of getting a probate is doubtfull , as advisded by some lawyers. Hence, they are alternatively suggesting to proceed as if the will did not exsist, which they claim is much faster and less expensive.
3. My siblings have no objections so long as they do not have to physically attend any of the court proceedings.
4. In view of the above , i earnestly request your kind advice, to the course of action i must adopt.
