Satish (farmer) 07 February 2022

Need of executor of a will in case of single beneficiary

We have an unregistered Will written by my deceased father, it has only a single beneficiary (my mother). The Will is attested by two witnesses. The Will does not have any Executor mentioned in it.

Can a Beneficiary (my mother in this case) have a right to transfer the properties in her name? Or should we go through the Probate process? We are located in Andhra Pradesh.

Will the Sub-Registrar accepts an unregistered Will without Executor? There won't be any legal issues from successors.

Please advise.

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3 Replies

PALLABH HALDAR 07 February 2022

First of all Will doesn't need to be registered even an unregistered will hold good legal validity.

Second Aspect is you cannot go for Probate as no executor is appointed

Simply Letter of Administration will be granted.

Whether you are Hindu or Muslim as laws are quite different In India

Regards

Advocate Pallabh Haldar

Aryan Raj 07 February 2022

Dear Satish,

The Will has a beneficiary and signature of two witnesses which is enough to make a it legal document even without registration. You can appoint an executor for the will yourself.

And your mother can transfer the property on her own and you cannot go for probate process. The Sub Register will accept the will.

Regards,

Aryan Raj