1) registration of will is optional

2) will has to be signed by testator and attested by 2 witnesses

3) file for probate of father will

4) probate is judicial proof that will is genuine

Hi, in order to get the property transfered in your name you have to probate the WILL from court .. The court will pass a decree In your favour and on the bases of decree passed you can transfer the property in your name

you have to take probate of that will from a competent court of law to get the property in your name.

Registration of a Will Deed is not mandatory and its optional. Will can be written or typed. But will must be attested by two witnesses. Since your father i.e. executant of the will expired you became owner of the property as per recitals of will. You have to apply for mutation of property in your name with all concerned departments viz., Municipal, Electricity, Waterworks and shall pay Property Tax.

Hi,

You have not mentioned in which city your father's property is located. If it is located at any of the three presidency towns (ie Mumbai, Kolkata or Chennai), then you will have to apply for probate of the will. Otherwise, in absence of any dispute or challenge regarding the will or property, it can be directly done through registrar's office.

The will, as mentioned by you is valid if it has witnesses name & signature on it. Registration of will is not compulsory.

In case your sister and mother relinquish their right and execute a Relinquishment Deed in your favour and Relinquishment deed is got registered in the office of concerned Sub Registrar, you can become the owner of the property by virtue of Relinquishment deed read with the original sale deed in favour of your father.

1. A Will is required to be completed and signed in presence of two witnesses.

2. the will is not required to be registered or typed.

3. If you have the will executed by your father duly following the rule wherein two witnesses have appended their signatures as token of their witnessing the act of executing the will in stable mind by your father, you can file an application seeking grant of probate of the Will by the Court.

4. The Court will send notices to other legal heirs of your father for either consenting or contesting your application for the probate.

5. If no body contests the application for probate, the will shall be granted probate and you shall be the owner of the said willed property bequeathed to you by your father.

Hello,

On the basis of the said will you will have to file a probate suit or obtain letter of administration from the HC.

You will have to do either of the two as per the law of the state where the property is situated.

Kindly contact a local lawyer.

If the partially typed and hand written will is not accepted by the court then the other legal heirs will have to execute a deed of relinquishment in your favour.

Regards

1. A will does not require mandatory registration under the Registration Act. Even a handwritten unregistered will is a legally valid bequest.

2. If the property is situated in the city where probate is mandatory then file a probate petition, else just get the property mutated in your name on the basis of the will.

You need to file probate petition in India, then court will issue you a certificate then you can transfer the property in your name.

Will has to be probated within 3 years. Else court may raise objection. You can get the will probated and allow ur mother to stay in the house

Based of the facts mentioned by you, the Will can be accepted if it is signed by the testator and attested by 2 witness who should also know the facts in the Will and under what circumstances the Will is executed by the testator. If you satisfy this both file a case for probate of the Will before the Honourable Civil Court once it is done you can approach the jurisdictional municipal authority to transfer the records in your name.

Probate of 'deceased' Will has to be registered. So, get in touch with your local lawyer.

Dear Client,

Partially typed and corrected will and partial hand written document - objectionable, improperly executed.

Being legal heirs of father u all three have equal share in the property, If both ready to relinquish their share by executing HAQ TYAG than on basis of that u can get property transfer in ur name.

If you have to acquire the property on the basis of will you can either get the will probated through a court as per provisions of law or produce the legal heirship certificate or family tree certificate along with the death certificate and an application for transferring all the records of the property including the revenue records on your name and then become an absolute owner of the property acquired through the will bequeaths.

Get this will probated before you can get this property mutated in your name.

This will is valid and genuine for all purpose for this captures the intention of your father, that he wanted this property to be your's after his demise.