sehuldavawala 21 January 2015

Is a will valid, when not registered but 2 witnessed?

Hello,
I have one question. My Mother's property(Rowhouse) in ahmedabad. She done job in Ahmedabad Municipal Corporation and she had bought this property by her income.

I have 1 brother and 2 sisters. I and my family lived with parents from the born time. me and my family taken care well on my parent's (Mother and Father) old age and bed rest situations.

In society 2 nominee name on the record 1 is for me and 2nd one is for my brother. My brother expired in year 1999. He has 1 son and 2 daughter.

My mother expired in year 2007.

Mother's made Will in Year 2004 with 2 witness but it's not registered.
In will she told, "After my death I given my Property (Rowhouse) and my AMC pension's amount to my son". Will is in favour of me.

1 witness expired in year 2012 and 2nd witness is 84 year Old.

In society, I have submitted will for transfer the property owner's name from my mother to my name in Year 2011. My brother's son have submitted dispute application into society. so society did not transfer the name.

My brother's son told, "I am not believe in this will and it's not valid".

I have made affidavit of 2nd witness for more documentation and mentioned In that l "i have signed as 2nd witness in the will and It's made in my present".

Now what should i have to do for legal action.

Anyone can suggest me for this dispute?

Thank You!!!

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4 Replies

adv.raghavan (Advocate,9444674980) 21 January 2015

Even when WILL is unregistered , it is better to go for probation of WILL at the earliest. In your case it has not been done. so it is better to do the same to avoid unpleasant events.

sehuldavawala 21 January 2015

Thanks for you reply.

What is the process of probation? and can we get probate easily from court or case will be starched in the court for long time.

Jai Karan Nagwan (consultant) 21 January 2015

Dear notional partition took place in the year 1999 and sincere suggestion to take care of relation. If other litigate it, they are expected get their share.

kavksatyanarayana (subregistrar/supdt.(retired)) 22 January 2015

though your mother wrote the will, in which the AMC pesnion goes to you? pensioner's pension cannot be sanctioned to you as you are not dependent to your mother. to probate the will, apply in the court. However try to solve the issue amicably with your brother family.