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How to get an unregistered will executed in Delhi ?


25-Oct-2023 (In Wills / Trusts Law)
Dear Madam / Sir, My Mother left a Will which was notarised but not registered. I wish to know the process for execution of the same. One of my brother who is also the beneficiary has been named as the Executor of the Will. This is in Delhi.
Answers (3)

Answer #1
673 votes
Hello, Notarized WILL are not acceptable to transfer the property to the successors, you can apply succession certificate and Warison certificate to transfer the property. For further legal proceedings kindly contact. Jayatee Chatterjee
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Answer #2
749 votes
WILL NEED NOT BE REGISTERED AS PER LAW. If your mother is alive then you may go for registration...after death registration is of no use. If you are a Hindu then beneficiary can be executor of will. Indian Succession Act is a complex legislation.. Please consult a lawyer for comprehensive resolution.
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Answer #3
960 votes
1) yes will can be registered after the death of testator . 2) claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar. 3) affidavit has to be filed by 2 attesting witness before Sub registrar that testator had executed will in our presence , that testator was of sound mind and healthy at time of execution . that testator executed will of his own free will . 4) If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register. Please note that no time-limit has been prescribed under the law for registering the will and hence a will may be presented for registration at any time. Section 27 of the Indian Registration Act 1908 may be referred. Provision regarding registration of will have been given in section 40 and 41 of the Indian Registration Act. Your mother 's will can be registered even now. However, once the testator is dead, there is no need to register a will. There is no time limit for registration. If an executor is named you may approach the court for Probate, if no executor is named then you may seek Letters of Administration.
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