Deepak Kathuria 02 September 2016

Sale of property by unregistered will

Dear Sir, My father made a registered will in 2003 giving full right(including sale) to my mother and after her 2 sons. In 2009 one month before his death he made second unregistered will giving 1 house to his wife and other to his younger son (Me). Now Mother and elder brother have shaken hands and trying to sell house of my share also by following (previous) registered will. Can I sell house of my share using unregistered will or it will be illegal?

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3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 02 September 2016

If the subsequent will is genuine as per your knowledge, then yes the said will can be used to sell the property even if it happens to be unregistered. Registration of a will is not mandatory as per law.

Augustine Chatterjee

Advocate & Solicitor at Law

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advocate kishore 03 September 2016

Need to look at the will.both the will.latest will prevails whether regd or unregd.u have to obtain probate 9738167933

Deepak Kathuria 03 September 2016

Thanks Mr. Kishore & Augustine, Though I have filed declaration suit and also applied for stay order but opponents are running too fast and in a week's time they are going to sell my home by following previous registered WILL. To escape the situation I want to sell house of my share & possession (since 2004) using unregistered WILL immediately. Can I?