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Can anyone claim right in property if the will is unregistered


27-Apr-2023 (In Wills / Trusts Law)
we are a hindu family, my father passed away in 2015 leaving 2 daughters, one son(me) and wife ( my mother), we are not in talking terms with one of sisters(eldest) rest are together as a family, my father left with an unregistered will, benificiary are me and my mother, does my sister (whose not talking to us) have any right on my father's property now ? also, how can i have complete ownership of the property which he left for me and similarly how can my mother have complete ownership of the property left for her do we need my sister ( whose not talking to us ) in getting the ownership of the 2 properties or can it be done without her
Answers (3)

Answer #1
810 votes
Registered or unregistered will have same value in eyes of law ... no she can’t take anything now since the will clearly states hour and your mother’s name

You can get the same mutated in your name and your mother can get properly mutated in her name

Answer #2
737 votes
According to the indian succession act there is no requirement for a registered will. Only thing required for a will to be a valid will is that there must be proper witnesses to the will. There is no necessity for you to do anything if you and your mother are in possession of the properties. Or else you can fioe probate petition and seek succession certificate.
Answer #3
989 votes
Dear Client
you can get your property executed and registered in register office if you both are benificary on the basis of unregistered will but if the will is challenged latter on by your sister than you have to prove the validity of will in court .wether the will is genuine or not rest i can tell by metting either on phone or face to face.

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