Will

Querist : Anonymous (Querist) 22 October 2021 This query is : Resolved
Respected Experts,
My mother expired 6months ago, she has written a Will as to transfer of house in favour of me and my sister has no objection for the Will,
Will is written in a Legal paper and it is not registered and notarized as well.
is this Will admissible in the court of law and what is the procedure to execute the Will?

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This discussion clarifies the validity of an unregistered and un-notarised Will in India. Generally, a Will is valid if it's signed by the testator and attested by two witnesses, even if written on plain paper. Registration or notarisation is not mandatory for validity, though probate from a court is required for properties located in specific cities like Mumbai, Chennai, Delhi, or Kolkata. If your sister has no objection and the Will meets these signing and attestation requirements, you can proceed with executing it, potentially without probate if the property isn't in a probatable city.

kavksatyanarayana (Expert) 22 October 2021
The will executed by your mother shall in some places, Chennai, Delhi, Kolkota, etc., be probated. In which place and State, the will was executed? Obtain the death certificate of your mother and legal heir certificate from the concerned authorities.

Dr J C Vashista (Expert) 23 October 2021
Whether the will has been attested by witnesses and the witnesses are available and ready to depose (if required) signing of will in their presence ?
Probation of will in Delhi is not compulsory.
When only two of you (you and your sister) are the only LRs of deceased and she (your sister) has no objection in transfer to property in your name, where is the applicability of law ?
The will is not admissible in evidence (if required).
What do you want to learn from the term "what is the procedure to execute the Will"?
Show the document (will) to a local prudent lawyer for proper analyses, professional advise and necessary proceeding.

SHIRISH PAWAR, 7738990900 (Expert) 23 October 2021
Hello,

Will can be executed on plain paper. In your case, your sister has also given no objection. So you can transfer the house as per Will. If Will is executed in Mumbai, Delhi, Madras, and Calcutta you will have to get probate order from the court.

Pradipta Nath (Expert) 23 October 2021
I hope the testamentary document bears two witnesses! If that is the case then there is no problem for its admission.

Advocate Bhartesh goyal (Expert) 23 October 2021
A perfect and valid will requires signature of testator and attested by two witnesses, and requires no registration or notarization it could be on plain paper , if your mother's will bears the signature of your mother and attested by two witnesses then it is valid in eye of law. If property situates in Mumbai,Kolkata and. Madras ( Chennai ) then you have to get it probated else not.

P. Venu (Expert) 26 October 2021
Yes, the Will requires no registration or notarization. A Will is a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death. Certain formalities must be complied with in order to make a valid Will. A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will. There is no restriction on how many times a Will can be made by a testator. However, only the last Will made before his death is enforceable.

Thus the Will in your favour is valid if properly signed and attested provided the testator has not made any Will thereafter for the same property or otherwise revoked the same.

As already stated, a Will needs to be got probated in specified localities . Otherwise, subsequent to the death of the testator, the Will constitutes a document of title and, based on same, mutation could be got carried out in Revenue/Municipal records.

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