Procedure for execution of Unregistered will and property division

My father expired n left a self acquired property. I,My mother n my sister are class 1 legal heirs.We hv obtained legal heir certificate.He left an unregistered will.In his will he has given a part of the property to his brother n other part in my mothers name.Pls advise if this will is valid..properly signed by witness but unregistered. Pls guide how this will be executed,steps involved to transfer the property between his brother n my mother.Property is in U.P.

Answers (2)

282 votes

An unregistered will is valid if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. The primary aspect of a WILL to be legally valid is 2 persons attesting witness to the will when the testator signs in their presence. When only one person has signed as witness then it is not a valid Will. Will need not be registered.

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209 votes

Irrespective of the fact if the will is registered or unregistered, the procedure is same.

The probate proceedings may be instituted either in the court of District Judge or in the High Court.

The expense involved may depend upon number of heirs; and the nature of dispute/contest. The expense should be considerably less if the will is not contested.

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