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Srimadhavi (student)     01 June 2022

Un registered will, original lost, how to do probate?

We are from Andhra Pradesh. My father died in 2004 leaving behind un registered will. The will was lost but I have a copy in possession. The 3 witnesses who signed on the will are also expired. However when the original copy of un registered will was not found, the three witness gave an affidavit (on stamp paper, stating unregistered will was written and they signed as witness). with this can I approach court and get the will certified and seek transfer of house to my name?


 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 June 2022

yes u can approach court but wittnesses must be present

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     04 June 2022

Yes.  You can approach the court.  But proving the copy of original is a tricky situation, when all the three witneeses expired.  Still there is a way to prove the will in such circumstances and engage an expert advocate and he will show you the way (as it is not the proper place to explain in detail to prove such will).

Srimadhavi (student)     05 June 2022

The witness who signed on unregistered will also expired. However they gave a affidavit about the will and they being witness to it before they died. is it possible to get probate in this circumastances? 

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