UNREGISTERED WILL

Querist : Anonymous (Querist) 11 October 2010 This query is : Resolved
My father wrote a WILL on 31.08.2004 which is witnessed by two persons, but it was neither notarized nor has been probated till date. It is on plane paper. My father died on 07.01.2007.

One of the clause of the WILL reads as under

Quote

Twenty Bighas of agricultural land situated in Village "D", Tehsil"N", Distt."J" which was gifted to me by the then Tahkur Saheb of "D" Thikana long time back. Since it is difficult to cultivate the land sitting at "J", I have already requested my elder son"M",Advocate to arrange to sell the same.
My elder son shall sell my agricultural land on the best available market price as may be available and younger son shall extend co-operation as required by my elder son. ON receipt of the price of the sale of this agricultural land, the elder son shall divide the amount in two parts which are equal. From one half part of the price money five equal shares shall be made. I have five daughters. One share each of the five shares shall go to each of the five daughters.
Out of the second half, four equal divisions shall be made. Each one share shall go to my grand children "K", "M", "S" and "N".
Provide further that the distribution of the sale price of my agricultural land as mentioned above shall be made in terms of this will within one month of the receipt of the sale money from the purchaser.

Unquote

The queries are as under
(1)I only have a photocopy of the Will
(2)Is this will a legal document.
(3)Is there any time limit to get a will probated.
(4)My elder brother "M" in his capacity as executor of the will has not taken any steps and more than 5 years time already passed.
(5)Do I have right to get it enforced through a court of law, without getting it probated with or without involvement of my other sisters.
(3)Is it a gone case and I should forget it.

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Devajyoti Barman (Expert) 11 October 2010
To enforce the Will you have to take probate of the same for which no time limit is there. If the executor fails to discharge his duties then the other executor or any of the beneficiaries file the application for taking probate. The case very much alive and take help of a local advocate.

Sankaranarayanan (Expert) 12 October 2010
will is no need to regeister complesery. but originala will should be kept, if need to show as evidence of document

pawan sharma (Expert) 12 October 2010
(1)I only have a photocopy of the Will
A. where the Orignal?
(2)Is this will a legal document.
A. wheter on it have the signed of the witnesses.
(3)Is there any time limit to get a will probated.
A. not spacific.
(4)My elder brother "M" in his capacity as executor of the will has not taken any steps and more than 5 years time already passed.
A. Shown the konwledege of that will drown to you now.
(5)Do I have right to get it enforced through a court of law, without getting it probated with or without involvement of my other sisters.
A. with the involment.