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Procedure for transfer of property on unregistered will
15-Dec-2023 (In Civil Law)
My spouse is having a Unregistered will written by his late father, he wants to execute the will after 5 years. Can he use the will to transfer the property to his name based on the will. We can get noc certificate from other legal heirs who are not interested on this piece of property. 1. What are the legal documents and steps to be taken to transfer the property. 2. Does the legal heir need to come to in person during name transfer or a letter stating No Objection is required.
First we need to verify that the WILL required to probate or not. If probation not required then WiLL can be executed as it is. Need to know the contents of the WILL it has to be as mentioned
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How do you execute an unregistered will?
According to Section 63 (Indian Succession Act), calling at least one attesting witness is the only way of proving the execution and validity of an unregistered Will. The witnesses who sign the Will should not be the beneficiaries of the Will and they must be present at the time the testator signs it. 17-Jul-2023
Can I sell a property on the basis of 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 validity of unregistered will?
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 a will valid without probate?
A probate order is not always required for a valid will. In the event that there is no disagreement between the legal heirs about the content of the will, they can choose to skip the probate. A registered will does not require a probate. However, one can be requested.
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