Unregistered WILL by my Grandfather

Correction:

Im in posession of an unregistered WILL deed wrt to just one property, executed by my grandfather on me who is his first grandson( son of his elder son). He has 3 sons and the other 2 sons have signed as witness. He had another registered partitioan deed which he did refer in this will deed and mentioned that this is independent. This deed was signed in 1985. My grandfather and my father have expired. I have to make a note that my grandfather's death certifcate is not procured as he had become unstable mentally and left house never to return and no body bothered to get a certifcate.

My other 2 uncles are still alive and have no objection to me taking over the property. Now, how can i get this property registered with the sub- regsistrar on my name or make this will deed legal and binding.

Dear Querist,

Law does not mandate a duly executed Will to be registered. Get your Will probated (depends in which State you reside..... in some State, probate not necessary) since you are Class-2 heir. Letter of Administration may also be necessary.

Trust this would be fine.

Dear Rajesh,

One time you say that your grand father has expired.  But on the other you say that my grandfather's death certifcate is not procured as he had become unstable mentally and left house never to return and no body bothered to get a certifcate.

If he had left the house, and none of you know his whereabouts, it cannot be presumed that he has expired. 

One has to file a civil suit for declaring your grand father to have died on the ground that the persons who ought to know about his whereabouts have not seen him for last 7 years.  

Only upon such court declaration that your grand father is dead, then the Will would become effective.

Dear Sir,

They have filed a FIR and i have copy of my grandfather not found.. This happened more than 15 years back, so in that case can this FIR be of use. 

Sir,

Thanks for the response. But can i probate without death certificate.

The FIR will be useful.  This will be useful only as a document to prove your claim that your grand father had not been seen for the past 15 years.  Still the Court only has to declare that he is not alive.  On the basis of the court order, you can get the WILL effected.

Mr. Ramachandran is correct

hmm

It depends how capable you are  of spending money and Time.

agree with ramachandran sir