My father made a WILL in respect of division of his self acquired Plot and house constructed on it among four of his sons and in case any of the sons expires then his son/s, and no part was to be given to his only surviving daughter or any other person. The WILL is signed by himself and two witnesses but is left unregistered and unnotorised. Since our father has now expired and one of the brothers has also expired (survived with his wife and only son), we, the three brothers and son of the expired brother want to our share of property as per the WILL. Kindly guide us how to proceed, giving step by step procedure.
1) apply for probate of will . Enclose affidavit of attesting witness and death certificate of father
2) notice would be issued to legal heirs
3) if there is no objections you would get probate in 6 months
4) probate is judicial proof that will is genuine
5) apply for mutation of property in name of legal heirs
As per the WILL the Plot shall be divided in two equal parts, one half will go in favour of expired eldest brother's son & Number-2 brother and other half will go number-3 & number-4 brother. WE would like to get the Plot sub-divided in two parts in the records of Jaipur Nagar Nigam and transfered in the names of the brothers as mentioned above.
File suit for partition for division of property by metes and bounds
- An unregistered will is valid document , 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.
- Hence, the Registration of a Will is not compulsory , and after the death of the testator, an executor of the Will or a heir of the deceased testator can apply for probate.
- Further , A probate is a legal recognition given to a Will regarding its genuineness and legality, declared by a competent court.
- So, for the execution of the unregistered WILL , and to distribute the properties as per WILL , you should file a petition for Probate the said WILL before the court.
- After getting the Probate decree, you can apply for mutation of the said property in the name of legal heirs ,as given in the WILL.
- Othewise, if you want to divide the said property in two parts, then you will have to file a suit for Partition .
1. The Will can be put into effect by getting a Probate granted by the local court.
2. Otherwise you can amicably settle the division of the property as per terms of the WILL and get the partition deed registered as well.
3. In the event of lack of consensus then wait till grant of Probate by the court or decree of court in partition suit.
You have to file a probate of the will before the private court, on order of probate of will you can share the house and get same mutated in the government records I.e Municipal / Revenue.
You can after probate of the will make a partition deed for dividing plots mentioning boundaries.
Even if the will is unregistered then too it is valid and enforceable.
Engage a lawyer who will file for probate in your city.
Regards
File for probate and then proceed as per the law. A petition has to be filed.
1. Registration of WILL is only optional and not compulsory. Even an unregistered WILL is also legally valid.
2. If the Testator was of sound mental health at the time of execution of the WILL, with 2 witnesses attesting which was voluntary and there was no threat, force or coercion adopted during the process of execution of WILL, then it's a legally valid WILL.
3. Based on the contents of the WILL, obtain a prescribed application form from Jaipur Nagar Nigam/ Jaipur City Corporation/Municipality for transfer of the property in the names of the beneficiaries and after filling it with necessary details, it has to be submitted to the statutory authority enclosing the property papers, along with the death certificate of your father and brother. After the mutation of the property is reflected in the revenue documents, all the beneficiaries can partition the property by metes and bounds by executing a registered Partition Deed. If, however, one of the beneficiaries does not allow the partition of the property, then the affected beneficiary can file a case against the person who is opposing it in the jurisdictional civil court for declaration, partition and separate possession of the property by metes and bounds.
You can go for probate of WILL and take court order for partition of the property. File probate and partition suit of the property in the court.
Even the unregistered Will is legally valid and recognised in law.
You all may decide about a family arrangement or a family partition and accordingly draw a deed, get it executed by registering the same before the concerned registrar's office and after that along with the copy of the Will, the individual shareholder can mutate their property with the revenue department for transfer of revenue records to their names.
It is not necessary that you all should strictly follow the recitals of the Will for partitioning the property.
It can be mutually decided and out of an amicable partition among all, a partition deed can be draw as per the agreed conditions and get it registered.
Subsequently you can get it mutated with the authorities concerned.
Registration of WILL is optional neither natary is require. Only requirement for valid WILL is duly attested by 2 witnesses. Even after death of Father, WILL can be register by beneficiary.
After registration it`s validity may question by JDA/JNN. Have to apply for mutation in joint joint ownership of all four, once done than can apply for bifurcation in a,b,c,d.
Plots can be name A B C D, plot will be same.
Since you have a will which is not registered as per the law however it is not mandatory to register a will it can be understood as well but without probate of will you cannot mutated any property or transfer any such kind of property in favour of any person it is wrong an invalid. For further consultancy and legal services you may contact any expert.
you can file civil suit for partition before jurisdictional civil court.
You should contact tehsildar of your area for execution of will.
The will even without registration have same effect as of registered will as per registration act it is not mandatory to register a will.
You should contact tehsildar of your area for execution of will.
The will even without registration have same effect as of registered will as per registration act it is not mandatory to register a will.
1. The will can be registered even after the demise of the testator before the jurisdictional sub-registrar.
2. However, there is no legal requirement to register the will.
3. A partition deed can be executed to sub-divide the plot.
You seek probate of the said will. Before that you can seek your share from them through oral or written request
