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Unregistered Will and all witnesses died how to probate and register
19-Oct-2023 (In Property Law)
My grandfather created his Will 30 years back and the will is still not registered. Today my uncle have another Will created by my grandmother who was not legally eligible to create another as the property is not in her name. Please guide me how to register and execute this Will , as all witnesses have died long ago.
Hi,
It is not necessary to register the will. Probate is the certification of authenticity of will. You have to file case in probate court amd get the will valid as per rules. In general practise 8 mnths are permitted for registration of particular will.
Morever after the death of ur grand father will should have been executed. If it is not everything will be equally divided between all the family members as per law of inheritance, if the property was ansctrl property.
If the property is self owned and earned then ur grand mother has equal rights to make the will.
Rgds
It is not necessary to register the will. Probate is the certification of authenticity of will. You have to file case in probate court amd get the will valid as per rules. In general practise 8 mnths are permitted for registration of particular will.
Morever after the death of ur grand father will should have been executed. If it is not everything will be equally divided between all the family members as per law of inheritance, if the property was ansctrl property.
If the property is self owned and earned then ur grand mother has equal rights to make the will.
Rgds
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Adv. Shivam Sood
Ludhiana | 200+ Answers
Chat
yess there is a provision of registering the will even after the death of the testator. you can get the will registered from the office of sub registrar. please tell if the witnesses of the will are alive and they are able to give witness in favor of the will. In case, they are ready to give evidence in favor of the will , then you can prove the will and act furtherly on its base.
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