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How to transfer property mentioned in an Unregistered will
14-Jul-2023 (In Wills / Trusts Law)
Hi, My father passed away leaving an unregistered will and his three properties. In that will he bequeathed all those properties to my mother. We are two siblings and one step brother. My step mom passed away long back. He wanted to leave all his property to my mother in that will so that it is easily executed. How do I proceed for that transfer? Do I require signature of my step brother on any NOC for the transfer? What all documents do I require? Do I need to clear all previous loans/mortgages on any properties?
Unregistered holds less value in the eyes of law in comparison to the registered will. However your step brother also has the right in that property as he is also the legal heir of that property. It is also to be seen that you need a NOC before selling it further and also you need to clear all the due loans and payments with regard to that property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Can property be transferred on unregistered will?
You can do this after the property has been transferred to your name. The Will does not have to be registered. Unregistered wills are equally important as registered ones. The other legal heirs to your wifes estate can give you their NOC before you proceed with the transfer or sale of the property.
What is the Supreme Court Judgement on unregistered will deed?
Registration of a will is not mandatory. A Will that is registered does not have a higher status than a Will that is unregistered. It does not matter if the Will has been registered or unregistered, as long as it is proved according to law.
Is unregistered will legally valid?
The Supreme Court of India ruled that a Will not registered is valid and enforceable under law. Unregistered Wills can be more easily challenged in court. It is therefore advisable to register your Will with the Sub-Registrar. 10-Oct-2023
Is it necessary to probate an unregistered will?
In India, the Executor must obtain probate to transfer real estate if the will is not registered. 06-Jan-2023
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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