unregistered will and its effect

Querist : Anonymous (Querist) 31 January 2011 This query is : Resolved
one of my client had died and he had written a will in favour of his wife bequeathing his immovable property which is unregistered. is the deceased wife is enabled to sell or gift the same and register in her legal heirs favour. if so what is the procedure to be followed.

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R.Ramachandran (Expert) 31 January 2011
There is no requirement that a WILL is to be registered. Registering or not registering a WILL is optional. If the WILL is registered it will be better otherwise also it is OK.
Depending upon where the WILL is made or property is located the same has to be got probated if the property happens to be in Delhi, Mumbai Chennai etc.
Once the WILL is probated and the property is mutated in the name of the widow, she will become the absolute owner of the same. She being the absolute owner of the property can do anything that she wants to do with it. She can gift it to her legal heirs, or leave a WILL in their favour, or sell the property and distribute the proceeds if she wants to her children etc. etc.

Kirti Kar Tripathi (Expert) 31 January 2011
I agree with Mr. Ramchandran. He has given the detailed answer of this query. Nothing requires to be added.