There is one unregistered will by my father died in October 1986, duly witnessed by 2 persons in favour of my brother. It pertains to a house measuring 10 marlas. We are one brother and 6 sisters.The will was made during the period before his death. During the life time of my brother he could not present the will to the revenue authorities for transfer of mutation in his name. My brother also died in 2003. Till date it is not presented for its execution. During the life time of my father 4 marlas out of the house was given to his youngest daughter who was unmarried at the material time by way of court decree in 1983. Unfortunately none of the documents i.e. will and decree could not be presented for necessary action. and by the time the youngest daughter in whose favour the decree was awarded also expired in 2010.She was married in 1991 and she has two children one male & one female. It is very unfortunate that none of the documents were came to our notice. Recently a few months we could lay our hands on the decree document. i. For 4 marlas decreed in favour of youngest daughter, a request for sanction & registration of mutation was, through Ilaqa Patwari, made to The Sub Tehsildar, who refused to entertain the request as the decree need to be reviewed by the competent court. My query is whether decree really needs to be reviewed in the absence of her father(expired in 1983) and decree holder (expired in 2010) and who will file petition in the court for this purpose. Please also advise whether there is any other way out. ii. my second query the brother in whose favour the will is made has also died in 2003. He is having 4 major daughters and during the life time of my brother and till this date the daughters of my brother have not presented the will for its execution iii. my third query is whether my living 3 sisters and legal heirs of 3 deceased sisters can raise any claim over the property now . Thanks. Jagjit Kaur Ahuja
what is the validity of a unregistered will in the absence it presentation for its execution and where both the persons who has made the will and beneficiary of the wiill have expired and not live
1) will was executedby father and he died in 1986
2) no application for probate of will was applied for
3) no mutation of property was done on basis of will
4) further beneficiary of will ie your brother died 15 years back
5) difficult to prove will after lapse of 32 years as witness may be dead or unavailable
6) legal heirs of deceased father can claim share in property
7) in case of death ofthe decree-holder, for his legal representative to come on record and apply for execution of decree
1) Needs to check whether mutation of land records are as per WILL wise or not. If WILL is executed first when your father died than it will be implemented and second in the 2003 when your brother died.
2) If both WILL are not executed on time, than all siblings have equal share in the property.
Hello,
A will which has not been duly registered can be challenged and court generally dont give much value on it.
Regards
1. The legal heirs of the decree holder, i.e. your sister's husband and children can file a suit in the court to reveiw the decree.
2. Actually the legal heirs of the beneficiary of the will are only entitled to the property bequeathed in favor the named beneficiary.
3. The three sisters can claim a share in the intestate properties alone, if there are any and not in the properties that have been transferred during his lifetime by your father.
The unregistered will can be enforced even now by the legal heirs of the deceased beneficiaries.
The unregistered will is a valid document
If the beneficiary of the will has left for heavenly abode then the will can not be executed
1. the beneficiary brother died subsequent to the father
2. so the bequest in favour of the brother is valid
3. as brother died, the bequest to him will then devolve on his legal heirs i.e. his 4 daughters and widow (if any)
4. as in 1983 there was a court decree in favour of younger daughter for 4 marlas of land, the father could make a bequest for only 6 marlas of land
5. so the Will of the father in favour of his son for 10 marlas will be valid only to the extent of 6 marlas, as 4 marlas out of the whole land had already gone to his daughter (i assume the decree in favour of the daughter was not challenged, in which event it becomes absolute)
6. the legal heirs of the brother can prove the Will in favour of their father by filing a petition for letters of administration with Will annexed under which the 6 marlas of land will be transferred to them by execution and registration of transfer deed
7. the other legal heirs of the father are all excluded since under the father's Will, the property is bequeathed to the son. They can however object to the Will by saying that it is forged or fabricated. So the legal heirs of the brother will either have to file LA petition (which will get converted into a regular suit upon receipt of objection) or file a declaratory suit in court to declare them as co-owners of the property
9 your last query - unregistered Will is valid. It just needs to be proved as explained above
The decree of the court has to be honored. If during or before execution the decree holder dies then he can be substituted by his legal heirs.
If they are his legal heirs then they will be entitle to his property and the benefits
If the property is termed as ancestral then they can claim else not.
the initial onus always lies on the propounder to prove the execution as well as attestation and also testamentary capacity of the testator while executing the Will. Once the Will is proved in a manner known to law by examining the attesting witnesses besides proving testamentary capacity of the testator, then the burden shifts on the defendants to establish the plea of forgery and fabrication etc.
2) registration of will is not mandatory
3) further probate of will is not mandatory in many states
4) on demise of beneficiary his share would devolve on his legal heirs