minal 21 November 2019

will..advocates plz clarify

on my previous query on will , i m confused as various advocates gave diff. reply. few r saying its valid , n few r saying its not valid.....kindly clarify.......im posting query once again.....My father (lived in mumbai) and owns his flat in mumbai. before his death he has written a will on plain paper duly signed with two witness , stating that only daughters and my wife has right on my flat which is the only property n not the sons as they r not taking care in his old age and only daughters r taking care after me n my wife....but will is not registered is it valid will??? now Brother forcefully living in house and demanding share in d flat from the widow mother.what to do......on this will can i get flat register in my n mothers name....if yes what d procedure. Thanks in advance

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9 Replies

Rajanjeet Singh Jaura 21 November 2019

To my opinion you need to probate the will. In simple words you need to go to a civil court and file a suit for Probation of will i.e. to prove that this will was actually executed by your father with his free will and there is no will subsequent to this. With regard to registration, a will does not essentially need to be registered. A will must be valid and not essentially registered. A registered Will may be invalid and an unregistered Will may be valid. Mere registration of a Will does not validate a Will. Finally, you are adviced to consult a good District Court lawyer and file a suit for Probation of Will. Then you can get this property transferred to your (or any others who are named in Will) name(s).

2 Like

Real Soul.... (LEGAL) 21 November 2019

it is previously replied properly ;

The will is valid rest asssured ;;; a will would not need ncessarily to be registered.

Juts you need to file for probation of will in the court as Probation is mandatory in Mumbai, without wasting time file for probation of will and get your property transferred as per the will of your father.

You brothers cannot force on you be strong and get your right.

Don't forget to apply for issunace of certified copy of Will deed once you will submit that in the court ,that is to keep your record authentic.

Don't spoil any more of time get some good and reaonble lawyer who would file for probation.

1 Like

Real Soul.... (LEGAL) 21 November 2019

*reasonable lawyer

Shashi Dhara 21 November 2019

It is not mandatory to register will if any one challenges then you have to prove the will genuiness and take custody of property in competent court of law.

minal 22 November 2019

thanks to all ...but one more thing..i heard n news is viral tat...sons wil not have any rit on fathers property....is it true ...bcoz s ome lawyers s a id yes........if yes can i have the caselaw for this....which will help me more...

Shashi Dhara 22 November 2019

If it is self acquired no one has right if it is ancestral sons ,daughters will have birth right.

minal 22 November 2019

thanks mr.shahi but son is saying this is my fathers property and even i have right on it....

minal 22 November 2019

*shashi dhara

minal 23 November 2019

is ther any way tat me n my widow mother get the court order, restraining my brother who is raudy n giving threats to my mother to kill her to enter the house....i have already fiiled NC in police station against him......he is telling i also have rit to leave in my father house......