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minal   26 July 2022

claim on flat on basis of unregistered will

my deceased father wrote a will on plain paper with 2 witness signed on it. its not registered. in it he has written tat flat to be given to two daughters who is looking after me n wife and 2 sons are debared from my s3lf acquired owned flat as they r not looking after me in my old age.
now question is ,flat is still in father name n its not transfered to mother name as society is doing drama. she is alive n staying alone in d said flat. now my brother wants share in d flat.
what to do can v 2 sisters claim on flat on d base of unregistered will. v r still looking after our mother. plz tel procedure



 7 Replies

Advocate Bhartesh goyal (advocate)     27 July 2022

Unregistered will is as valid as registered,will requires no registration and stamp duty .will should be duly signed by tastetor and two both sisters can claim your right, title and share on basis of will.

1 Like

Vidushi Maheshwari   27 July 2022

1. An unregistered will is a valid document if it conforms to the legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. According to Section 17 of the registration Act, the Registration of a Will is not compulsory, and after the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate.
2.  So, for the execution of the unregistered will, and to distribute the properties as per the will, you should file a petition for Probate under Section 276 of the Indian Succession Act, 1925 of the said will before the court. Section 68 of the Indian Evidence Act mandates that an unregistered will has to be proved and executed by calling any one of the attested witnesses. 
3. Your mother is alive and living in the flat will not hamper the execution of the will. You must apply at the sub-office registrar's to transfer property. An attested copy of the will, probate, and succession certificate is required. 
4. The owner of the self-acquired property may use and dispose of it in any manner permitted by the Transfer of Property Act of 1882, or he may leave it in his will to whomever he pleases, therefore your brother does not have an automatic right to it as a co-parcener. In Govindbhai Chhotabhai Patel & Ors. Vs. Patel Ramanbhai Mathurbhai 2019 SCC OnLine SC 1245, the Court held "Mitakshara Hindu male has the right of disposition over his self-acquired property to which no exception can be taken by his male descendants".
5. Since your father died after making a will of his self-acquired property, your brother has to prove the will invalid to claim his share in the property, which he cannot according to the facts stated.
6. In Swarnalatha and Others v. Kalavathy and Others 2022 SCC OnLine SC 381 held "In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a Will."

1 Like

Mahi Manchanda   27 July 2022


An unregistered documment still has legal validity as long as it has the signature. Self acquired property is divided as per the will of the owner and can be given to anyone they wish. The brothers do not have any right to claim share in that property.

I hope this helps.

Have a good day

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 July 2022

there is no legal requirement to register a will. It doesn't even have to be on a stamp paper or notarised.

1 Like

Pritam Ghosh   27 July 2022

This will is completely valid although it is not registered one. As according to section 18 of Indian Registration Act, it was made clear thal although a will if made by a person, which is not registered, it will be a valid Will. Thus in your case, the will although it is unregistered it is valid.

Section 18 of Indian Registration Act also mentions about 2 wittnesses which should be present and sign the Will. this has also been accomplished in case of yours. So without any doubt the will is a valid one and you both sisters are the Owner of the property and your brother will have no rights in the property.

Apart from the property, if your brother is not willing to looking after your mother, and is not taking the responsibility of your mother, your mother can file a Case under section 125 of CrPc under which he is liable to look after is aged parents.


1 Like

minal   28 July 2022

thanks .but our society is under registrar as its not cooperative society, its harijan society land given on lease, so wat will be procedure to get flat transfer in our sisters name

Sudhir Kumar, Advocate (Advocate)     29 January 2023

what is the necessity to oppen so many threads on the same issue.

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