Apply for the probate of the court. As your executor you can approach the probate court or civil court of local jurisdiction and apply for probate.

A probate will give legal santity to the will.

Once you obtain probate the department shall transfer the land.

Procedure for Obtaining Probate

A petition for probate must be filed in court along with the will in question. It should contain the following facts.

the time of the testator's death

that the writing annexed in his last will and testament

that it was duly executed

the amount of assets which are likely to come to the petitioner's hands, and

the petitioner is the executor named in the will

The application for probate shall be signed and verified by the executor or beneficiary.

The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper.

After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate.

A general public notice is also given in a newspaper.

The petitioner is thereafter asked to establish the

Proof of death of the testator;

Proof that the will has been validly executed by the testator

Will is the last will and testament of the deceased

Civil lawyer or any lawyer who is aware of the Succession act and procedure for obtaining the probate.

The court will hear it out since the will is valid and made by your father, then his objections won't sustain and court shall grant you probate.

See the revenue authority donot have power of court the court shall not grant such delay tactics and unnecessary objection on valid will.

The procedure is well settled the court shall grant you probate after issuing notice and settling dispute. Also the probate gives legal validity to will so it shall settle any future dispute also. It will take time of around 6 months filing issuing notice hearing objection and granting probate.

Sir the best chance is probate as it is legal document for unregistered will and it shall be settled once for all. Even if today revenue department takes any decisions that shall not be binding and will lead further disputes. Probate court won't consume much of your time.

Yes appoint a lawyer and fight the dispute effectively. You can show that the will is a legal and binded on all.

1) you have tol file petition for probate of will

2) enclose father death certifcate

3) affidavit of one of attesting witness

4) notice would be issued to legal heirs

5) if no objection is received you would get probate of will

6) if any objections are received it would be converted into testamentary suit

7) suit would take 10 years to be disposed of

1) if brother objects to grant of probate it gets converted into testamentary suit

2) suit takes years to be disposed of

3) if there is no contest you will get probate in 6 months

Dear Sir,

It is high time to state that in various judgments the Courts held that Revenue Officers have no power to adjudicate the matter when objection raised to Will. The relevant citation is found in the link. Even if you take orders in your mother favor they may not stand to the test of Judiciary. Please see Para No.5 the following Judgment.

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http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/433902/2/WP[deleted].pdf

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1. Registration of 'WILL' is only optional and not a must.

2. To be legally valid, there should be 2 witnesses and their signature.

3. As per your narration it was your father's self acquired property and his intention of bequeathing the property to his wife is legally within his legal right as he was the absolute owner of the property.

4. No need to obtain probate.

5. There was no need to take No Objection Letter by the BBMP authorities from the Children of the deceased to transfer his self acquired property to the beneficiary by recognising WILL executed by the deceased.

6. Meet the concerned BBMP Assistant Revenue Officer and apprise him of the facts.

Dear Sir

This should have handled at the initial stage properly. Now this has cross certain stage. Now the time borrowed to file the case and stay the proceedings.

Now the probate petition is also a lengthy process. To prove the will you need to examine the witness in the will. Then only it is going to be processed in line.

Feel free to reach us for assistance and to resolve the issues.

Dear Client,,

There`s no need to get into useless Litigation.

Probate is not necessary in Karnataka (Optional).

Next, neither any authority can ask to apply for Probate if WILL on the face of it, is duly executed and attested by 2 witnesses.

Even if objection is called, such objection can not be taken seriously until not baked by proof as to of forged WILL.

Avoid what his advocate says, Let them approach court if have any objection. Any disinheritance will certainly rise objections which dose not mean WILL is not valid.

You proceed by filing for a Probate of the unregistered WILL before a civil court in Bangalore or where the property is situated.

In order to do this you personally do not need to come to bangalore, you may authorize your older brother through a Power of Attorney to file the case on your behalf.

Yes all the legal heirs of your father have to be made parties in this case. Your brother, you and your mother will be the Petitioners, and your younger brother will be the lone respondent (As he has filed objections before the revenue authority).

Notices will be issued to him, and he has to justify his objections for the grant of probate of the WILL. If he is unable to do so, then the probate will be granted and you can get the Katha and other related issues automatically sorted out. It will be time consuming as your younger brother is going to delay the process.

It is a routine formality to obtain NOC from all legal heirs for enforcing an unregistered will.

If there is an objection to the will then it need to be probated through court of law.

You can file a probate OP before court and obtain probate which will be sufficient to enforce the bequest of the will.

Since the matter is objected to by one of the legal heirs of the deceased, the next step to be taken in this regard shall be by legal process only.

You cannot help it even if it is time consuming.