Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Avinash P (Software Engineer)     01 April 2013

Usage of will after death

Hi Sir/Madam,

I am From Andhra Pradesh. I need some assistance on will. My aunty ( fathers own sister) wrote a will to me and my younger brother saying that the properties owned by her belongs to me and my brother, she was divorced 35 years ago and had no children and mentioned it in the will. She died recently. Now I want to know the procedure for further action.


 4 Replies


You can apply for execution of the Will.

For validity of the will, although the will need not always be registered, but should bear signatures of your Aunt and atleast two independent witnesses of the time the will was written. The witnesses who can confirm your Aunt's intentions to the Court according to contents of the will.

Trupthi Agarwal (advocate)     06 April 2013

you can go for probate. A probate is granted with the court seal and has a copy of the will attached to it. An administrator or executor appointed under the will may not be able to administer its provisions without a probate.

Avinash P (Software Engineer)     13 April 2013

Thank you sir, but the will is registered and has two witnessess in it. When I went to bank to know her statement and other details , they asked me death and legal heir certificate. When she clearly mentioned that her properties belongs to me and my brother in the will along with registration of the will , is it necessary to get that legal heir?

Avinash P (Software Engineer)     13 April 2013

Thanks for the reply...

Is probate necessary even if the will is registered?

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