• Registration of Will after the Death of the Testator

We have a will from our father.  It is unregistered will.  It has two attesting witnesses. Can it be registered after his death?  Is there a provision for the registration and which section says this?  Does it have time duration for registration?  Please reply.  Just to safeguard the will since it is unregistered and only one copy we have.

- bangalore, karnataka
Asked 2 years ago in Property Law from Bangalore, Karnataka
Yes you can register the Will even now. Kindly consult a lawyer for detail consultation.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
Your father'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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hi, if the property is situated in the Bangalore you need not probate it and further in  Karnataka probate is not required, and you can proceed according to the terms of the will....... registration is not compulsory...........  i think form your narration no one is dispute the will.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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.
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
5.0 on 5.0
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.
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
5.0 on 5.0
there is no need for registration of will,why do you want to do it,you can claim theproperty without registering it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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