Neeraj 09 January 2020

Procedure for legal settlement of a will

My brother and I are the twin beneficiaries on an unregistered will signed by mother in the presence of two witnesses.

I have the following queries on the same:

1. Is an unregistered will valid in the court of Law.

2. As the will is settled between the beneficiaries, what is the documnetation that should be prepared as part of the closure of the Will.

Thanks

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5 Replies

(Guest)

A will is a non-testatemntary instrument which shall comes into effect after the demise of the testator. The testator can execute/ write any number of Will/s during the lifetime.

However, only the LAST WILL before the date of demise shall prevail over the rest.

The registration of will is nont mandatory. Hence it is valid in the eyes of law and the same can be challenged.

Real Soul.... (LEGAL) 09 January 2020

registration of will not necessary,....

You did not mentioned from which place you are, as in some areas probation of will for immovable is madatory...

kavksatyanarayana (subregistrar/supdt.(retired)) 09 January 2020

Whether your mother alive or not is not mentioned. The last will whether registered or unregistered will come into effect after the death of the testator. After your mother, you (you and your brother) divide the property as mentioned in the will.

Deekshitulu.V.S.R (B.Sc, B.L) 10 January 2020

AS A MATER OF FACT THAT SINCE LEGACY IS GIVEN TO U AND YOUR BROTHE RUNDER THE WILL OF YOUR MOTHER , BETTER GO FOR A PARTITION. I HOPE PROBATE IS NOT NECESSARY SINCE THE WILL DEALS WITH IMMOVABLE PROPERTY.

Neeraj 13 January 2020

Thank you all for your reverts.

My brothe and I have amicably agreed to distribute the property, both movable and immavable.

What is the form or instrument for closure of the will ( for documentation purpose) so that he can accept that the assets have been received by him. Is there a legal procedure for it? Or is the possession of the original will required ?

Thnx