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Inheritance to property through unregistered will.
27-Sep-2023 (In Property Law)
My father died leaving unregistered will dully witnessed by my mother and niece who are not beneficiaries. The property is divided between my sister and me. My mother is alive and stays with me. Both my mother and sister are willing to give affidavit to relinquish all rights for the property to be inherited by me. Similarly my mother and I are willing to relinquish all rights on the property to be inherited by my sister. How to proceed in the matter.
A will which is written in the presence of two witnesses and in sound mind and health is a valid document. Though, it is good if this document is registered by the testator ( writer) but not mandated under law. If your mother and her niece are willing to give an NOC, you can go ahead with filing of the Execution of the will in the local jurisdictional court. Procedures including testimony of the two witnesses will be the next steps that the court would instruct to prove the genuiness of the will.
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Adv. Ruchira Chaudhary
Gurgaon | 100+ Answers
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