Validity period of testamentary wills
Querist :
Anonymous
(Querist) 04 January 2024
This query is : Resolved
One Mr X died in the month of Jan'2021 - He was owning some parcel of lands which are purely ancestral received either thro' his deceased father directly or thro' his deceased mother - He had executed an unregistered will in March'2020 bequeathing his share in the properties to his daughters. He has no sons. This is just to shield his daughters from claims of his extra-marital relationships. The properties mentioned in the will are agricultural lying in rural areas and as such may not warrant 'Probating'. Is there any time limit for the beneficiaries of the will to invoke it either by filing a declaration suit or by making a family partition based on the will - In other words is there any validity period for testamentary wills - Thanks
T. Kalaiselvan, Advocate
(Expert) 04 January 2024
There's no time limitation to enforce the Will.
You are right that it is not mandatory to obtain probate of will.
