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Arun Singh   08 July 2025

Father's property ownership after death

My father passed away last year. We have a house 1400 sq ft which was purchased by my father and is registered in his name.

He had written a will which is notarized and his photo attested on the will. In the will he has written that the house will belong to me (son) after his death. The will has 2 witnesses.

There is another hand written will (without witnesses) in which he has written that the house will go to my mother and if mother dies before him (father), house will go to son. 

I have one elder married sister who lives abroad and hardly comes to India. Please advise if i can get the house in my name based on above wills and in future if the above wills are sufficient to grant me ownership.

Thanks!

 



 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 July 2025

The other will, with no witnesses, is not valid.  As per the will with 2 witnesses and notarised, you can transfer the property in the Municipal records.  Better engage a lawyer for further guidance.

T. Kalaiselvan, Advocate (Advocate)     09 July 2025

A will is a legal document that outlines how a person's assets will be distributed after their death. To be valid, a will must meet certain legal requirements, including being signed by the testator (the person making the will) and at least two witnesses.

The will must be executed according to the relevant laws, which may include specific procedures for signing, dating, and attesting the document. 

If a will doesn't meet the legal requirements, or if there are suspicions of fraud, undue influence, or lack of testamentary capacity, it can be challenged in court. 

Witnesses play a crucial role in proving the validity of a will. They must be able to confirm that the testator signed the document willingly and with testamentary capacity. 

Therefore the other Will without witness signature is not legally valid hence you can proceed with the acquisiton of the property on the basis of the Will made in your favor

Advocate Bhartesh goyal (advocate)     09 July 2025

A will does not have signatures of attorney least two witnesses is not a valid will You can get transferred the property on basis of another will .

Dr. J C Vashista (Advocate )     09 July 2025

Legally latest will shall prevail, despite the fact it is not witnessed.

Where is the property located ? 

Whether your mother accepts the will bequeathed in your favour ?

Besides this, some other relevant facts to be considered to form proper opinion and oblige.

It is better to consult and engage a local prudent lawyer for proper analyses of facts/ documents, professional advise and necessary proceeding.

Arun Singh   31 July 2025

Thank you sir for guidance.

The housing board authorities do not accept Notarized will. Can i get NOC from my sister that she accepts the will? Mother is ready to pass on the house in my favor.

if my sister does not give NOC, what should be next step?

i do not have any other place of residence. 

T. Kalaiselvan, Advocate (Advocate)     04 August 2025

A notarized will is generally considered legally valid. While not mandatory in many jurisdictions, notarization adds an extra layer of authentication and can help prevent challenges to the will in court. Notarization involves a notary public verifying the identity of the testator and witnesses, and confirming their understanding of the document. Have you approached the housing board with the Will, if they reject the Will, you can ask them to give the reasons in writing incuding the law   which they rely upon to  reject the notarized Will. You can take legal action against them through court of law for this illegal act. 

You may please note that the other Will without witnesses attesting it is not valid in law.

However this notarized Will is perfectly legal and an authentic document which the authorities cannot reject.

A notary public acts as a neutral third party who verifies the identity of the person signing the will (the testator) and the witnesses. This process helps confirm that the will was signed willingly and by someone who understands the document's contents. 

According to sections 17 and 18(e) of the Registration Act 1908, it is not a mandatory requirement for a Will to be registered or notarised to be valid.

P. Venu (Advocate)     07 August 2025

A will is not required to be notarised or registered, but should be attested by two witnessses. If the both the Wills are duly attested, the last will prevailos.

The revenue authorities are required to carry out the mutations on the basis of the last valid will after following the due process. 

What is the stand of your mother on the issue?


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