Unregistered Will

Querist : Anonymous (Querist) 07 July 2010 This query is : Resolved
A Will has been made and signed by the testator on non judicial Stamped Paper and it includes a named Executor. The named executor and another person have signed as witnesses. The Will names six beneficiaries and does not include the executor or witness among them. The will has not been registered.
After the death of Testator, the Executor and witness are not cooperating in executing the will. However, copies of the Will were made available to the beneficiaries.
What is the procedure for the named beneficiaries to have the will implemented? Can the will be registered by any of the Beneficiaries? Is a Court Probate required for implementing the Will?

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pawan sharma (Expert) 07 July 2010
by the mutually or by the court order.
No, registration was made by the the executer.
For probate the will, it would be registerd. You can also see the section 16 and 18 of Indian Registration Act.

Sukhija (Expert) 07 July 2010
namd beneficiaries can divide the assets among themselves according to will. If they all 6 do not have dispute then why go for probate? Executor should see the will is executed and witness also should cooperate. Any other legal heirs of the testator are there who have not been benefitted by the will? then in that case if executor not co operating probate is must.

Raj Kumar Makkad (Expert) 07 July 2010
I concur with Sukhija

Krishnamurthy Ramdas Iyer (Expert) 07 July 2010
It is not necessary for a will to be on stamp paper or to be registered.
If immovable properties are in chennai, mumbaior calutta. probate is necessary.
As executor is not cooperating and beneficiaries are having copies of the will they may approach the testamentary section of the HC or civil court in their district.

Querist : Anonymous (Querist) 09 July 2010

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