Upgrad LLM

unregistered will in year 2004


The person passed away in year 2004 and written unregistered will leaving entire property to wife and only daughter. The will was not probated at that time as there were no one to contest against it. Now the person mother still alive and we are thinking her other sons may try to claim share through his mother. is the will acceptable without probate?
 
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Registration of will is not compulsory.unregistered will is as valid as registered A will  bears signature of testator and two witnesses is perfectly  valid will. In every city will is not required to be Probated only in Delhi, Kolkata,Madras & Mumbai will requires to be probated.


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Practising Advocate

Getting the will probated is better if the witnesses are alive to avoid future complications.

Though the transfer of  property Act  says that the WILL need not be registered  but in general practice the beneficiaries are facing hardship moving around the courts after the death of the testator as Govt authorities are insisting for a probate when the Beneficiary approach them for Mutation/ Title change as the authorities doubt the Genuineness of the will.

 
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