minal 30 August 2022

un registered will

my father made a will on plane paper not registered but signed by 2 witness. he clearly mention since his both sons not looking after me n my old age ,I give my owned flat to my both daughters who r looking after me .
now v both sisters want to probate the will in mumbai, but our advocate is telling that since executor is not appointed , she has to prepare consent affidavit.
my bothers dont know abt this will n definitely they will not give consent 100%. to transfer flat in our sisters name.
so please guide wat to do.

thanks
minal

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2 Replies

Adv. J Fernandes (ADVOCATE and ALTERNATIVE DISPUTE RESOLUTION SPECIAL ) 31 August 2022

Take the will and go to the states zonal registrar office and ask them if they could register the will apart from other states in India goa is the only state which the estate leaver has to pre register the will further queries plz contact /whatsapp 9921210171

Sidhhi 02 September 2022

A Will need not be registered. Since the ammendment in 2005 daughters can continue to be Coparceners in the father's HUF. You should consult a local lawyer or consult NGO headed by Ex Judge High Court Shri DR Dhanuka if from Mumbai for advice at Yashodham School, Dindoshi, Goregaon East.