1) registration of will is not mandatory 

2) it is optional 

3) registration of will can be done even after demise of testator 

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.

5) advisable to apply for probate of will 

Court fees is state subject and varies from state to state 

legal fees depend upon lawyer engaged by you 

Application for probate can be made where the testator died or where property is situated 

Will need not to be registered.  However, probate of Will is mandatory.  Kindly contact 2 or 3 local advocates and negotiate the fee either one of them.  In my opinion, a young lawyer familiar with modern technology, may be hired so that he may keep you updated over phone about the case status.

You can execute will bequeathing property to your children 

Yes.

No, WILL can't be registered now but it can be probate from court. And then get transferred on your name property and later you can registered new WILL on your son/daughter name with registered.

- As per law, the registration of a WILL is not mandatory , if this WILL is containing two attesting witnesses. 

- Since, your wife has left an unregistered WILL in your favour , then you are liable to sell the said property, but the purchaser may have fear that in future , other legal heirs of your wife could create trouble after asking share into the same. 

- Hence, you should approach the court for Probate the said WILL legally. 

- The charges depends upon the lawyer to whom you engaged , and is not fixed. 

- Yes, you should apply for probate in the same place , where the property is based or where your wife has taken last breath. 

- Yes, you can write  a WILL in favour of your son /daughter . 

Yes you can register it now too. Unregistered will can also be probated as registration of will is not mandatory

Yes you can make the WILL in favor of your children. 

Dear sir,

Yes the will can be registered even now, but there is no need to get it registered. Will is not a document which is required to be compulsorily registered by law.

Better option is to get the probate as it will ensure there no future disputes. Thereafter you can transfer/gift/sell the property.

The expenses would vary depending upon the advocate you engage. Court fees depends upon the value of the immovable assets and vary from state to state.   

The probate proceedings have to be initiated either at the place where immovable property is situated or where you wife had passed away. 

Yes, you can make a will in favour of your son/daughter. 

Hope this answer helps.

Best wishes. 

The will cannot be registered now but an unregistered will is also valid. You can transfer the property to yourself.

Lawyer's fee varies and you have to ask a local lawyer.

Yes after probate you may dispose of the property and probate where the property is located.

Yes you may do so after the property is transferred in your name.

It is not mandatory to register the Will.

The unregistered Will is also having equal importance to that of the registered Will.

You can proceed with the sale or transfer of the property by obtaining NOC from other legal heirs of your deceased wife.

There is no necessity to get the Will probated through court if there is no dispute in this regard, especially if other legal heirs do not object or having consented to give NOC.

However if you are particular to get the probate of Will through court, your advocate would be the best person to inform you about his fees and the court fee in this regard.

As suggested earlier, it is not mandatory to get the Will probated through court of law especially when there is no dispute  in this regard from other legal heirs of your deceased wife. 

The property bequeathed in your favor by your deceased wife shall become your own and absolute property.

Hence you have full rights to bequeath or transfer the property to your son or anyone of your choice as per your desire and decision.

Answer to your questions legally and point to points are as under:- 

1- Answer is yes.

2- No ,it is legally required to a testator to remain present before the Registrar of Assurance for attestation of WILL and registration of the same in the office of sub- Registrar.

3- You will have to pay Court fees and Lawyer fees who would attend your case in the Court depends upon the practice and seniority of the Lawyer. 

You can't make a WILL of Will.

You may make a WILL of property which is self acquired property. The property inherited out Ancestral property or Will would not extend legal rights to execute WILL upon anyone. 

Hence not valid. 

1. Property which a person gets through will is at par with his self acquired property which he is free to sell in the same manner as his self acquired property.

2. Will cannot be registered after her demise now, but even an unregistered will results in testate succession as registration of will is not mandatory.

3. However, the authorities do not generally carry out mutation on the basis of unregistered will, so you may go for probate of the will.

1. The lawyer fee can be disclosed by the specific lawyer alone you inquire it from.

2. Court fee is also variable across the country, hence only a local lawyer can tell.

You are at liberty to make a will qua the property which you have  inherited through will.

Hi 

1) In law, an unregistered WILL is valid in eyes of law and you can probate the WILL in Cuddalore court.

2) Based on the WILL, you can sell / gift/ execute any other deed of conveyance as probate of WILL is not mandatory in Cuddalore .

3) Only in certain conditions probate of a WILL is mandatory. 

a) Probate of WILL is mandatory for properties situated in towns like calcutta, bombay, delhi and chennai vide section 57 of Indian Succession Act in rest of places Probate of Will is not mandatory

OR 

B) if any of wife's legal heirs is challenging your inheritance, then it is mandatory to probate the WILL . If no other legal heir is challenging your inheritance, then there is no need for probating the WILL. 

4) Yes. You can execute a WILL devolving this property to either your son  or daughter or to both. 

Hope this Information is  useful. 

1. It has to be approved by the court.

2. No.

Regards 

G.Rajaganapathy

High Court of Madras

Will can register after death of testator. On the basis of WILL, you can sell the property.  NO need of probate, waste of money and time. Probate not mandatory in Cuddalor.

You can execute WILL in favor of your children.

Probate is necessary from the court to get the will executed and transfer the title of the property from the executor to the beneficiary’s name. 

unregistered will is also enforceable. 

Will need not be registered.  Unregistered Will is also valid and Registration is optional.

You need to append death certificate of your wife and produce the witnesses who witnessed the execution of Will.

Yes, it is advisable to get the Probate of Will, charges / lawyer's fee differs from person to person.  Cannot  quantify

Probate of the Will can be done at the place where she died or at the place where property is located.

Yes you can, bequeath the property received by you from your wife to your children.

Probate is the process by which a court confirms that a will is valid. The process involves fees depends on the seniority of the lawyer . 

yes, you have to file probate application before where property is situated. 

yes you can execute will in favor of your children's.   

No, the will has to be registered.

1. You need to transfer the ownership of property on your name by using the will of your wife after that you can sell the property.

2. Will cannot registered after death of testator.

3. No it is not necessary to probate the will if there is no dispute over its validity.

4. Yes you cn make will for property inherited through will of your wife.