Probate Of Will

anyone able to look into this, would appreciate your guidance 

thank You.

Hello Sirs,

Would appreciate your response on this query.

Many Thanks

According to the law of succession the will which is not registered has no validity but there are circumstances which provides an exception to this rule but in your case as the will was made by your mother having the sign of his two sons but the law help those who works on his principle a will made without having a sign of witness is not valid hence take a advice of some sr. counsel of your region in this regard .

Thank you sir,

Are you suggesting that The will stands invalid? 

If that is the case then please recommend how we should proceed. If the will is valid then what is the best way of partition of property.

As I mentioned both the sons are in very good terms and have no issues in agreeing to terms for and equal divide.

If there is a will - even though (per your suggestion) is invalid, do we still have to apply for Probate. Would it not be wrong to completely ignore the existence of such a document.

Regards

Advocate Mr. Pandey, I was under the impression that  registration of a will is not mandatory. However as regards witnesses, they are a must.
 

if both are accepted the contents in the Will, you both can partitioned the property.  it is not necessary to probate.  There is no dispute has been arise against the Will between you.  Because there is no other heirs exept both of you.

According to Law of land Registration of will is not mandatory. both can make an application before district Court for probation of the content of the will.