1. A will does not require mandatory registration. If the will is registered then you can get a certified copy from the office of jurisdictional sub-registrar where it has been registered, but if it has not been registered then there will be no record of it in any government office. So you have to locate it.

2. If the beneficiary of will has lost the will then he cannot claim testate succession in his/her favour, leaving properties to devolve through intestate succession on Class 1 heirs.

3. Class 1 heirs of your father (his widow and children presuming his mother is dead) will succeed through intestate succession if will is not located.

If it is notarised will you cannot get copy of will 

2) if will had been registered you could have obtained copy from sub registrar office 

3) if there is no will then on father demise property would devolve on mother , you and your siblings 

On father demise your mother , widow of brother , 2 sons would have equal share in property 

1. Registration of a will is purely optional for the testator. Even an unregistered will is valid but the execution of it has to be proved according to the law.

2. So if will cannot be traced then all Class 1 heirs of your father will succeed equally.

3. The share of your deceased brother has further devolved on his widow.

Non registration does not affect validity of will 

it is sufficient if  will is attested by 2 witnesses 

Notarized WILL copies are not kept. 
Usually the WILL are kept with someone trustable person so check if your father gave it to some friend or relative.


will is signed but not registered with local registrar, that does NOT make the WILL invalid.
It is valid WILL only. Registration is optional, it is not mandatory.


If WILL is not found then all legal heirs will get equal share.
Mother
both son
widow
so 25% share each.

Dear Sir/Madam

1. If a copy or draft of the will has been preserved, probate may be granted for such copy until original or properly authenticated copy of the will is produced. 

2. Since no copy of your will exists, probate [the official proving of a will] may be granted by a competent court if you can successfully prove to the court, with sufficient evidence, the contents of the will. 

3. If the will is lost and you are not in a position to prove the contents of the will, you must apply for a letter of administration as if your father had died without a will.

4. Then you must obtain a succession certificate from a Court. However, in that case, the property will be distributed equally between the mother, you, your sibling, and the widow. 

5.Will registration with the local registrar is not mandatory. However, a will registered with the local registrar will make it easy for you to obtain probate. Registering will with local registrar serves as a piece of legal evidence

Thank you

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1. Registration of WILL is not compulsory and is only optional. Even an unregistered WILL will have the same legal validity as that of a registered WILL.

2. Had the WILL been registered, you could have got a certified copy of the WILL from the jurisdictional Sub Registrar's Office.

3. In the absence of WILL, your father's death will be considered as intestate (without executing a WILL) death, and all the Class-1 legal heirs will be entitled to equal share over your deceased father's self acquired properties. The Class-1 legal heirs for a Hindu male dying intestate are his mother ( if alive ), wife and children.

3.  As per your narration, your siblings are one deceased brother and one deceased sister. Hence, assuming that your deceased brother and sister had independent families, the properties would devolve equally to your mother, you, your deceased brother and your deceased sister in the ratio of 1/4th share each. In case of your deceased brother and sister, their individual 1/4th share gets further subdivided equally to their respective legal heirs.

Dear Sir,

No, your husband is not entitled to any share.

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It was possible to get a copy of this will, provided it was registered in the local sub registrar office.

However, since this was only notarized; certified copy cannot be procured.

The succession will proceed in absence of will; as if no will was ever executed and it will be deemed that your father died intestate. 

Legal heirs to your deceased brother(whose wife is no more) and sister, are their children.

Thus, if your deceased sister has children, they will have a share in this property and not her husband. 

Sister share would devolve on her husband 

The property was your father's self acquired and hence normally the property would be divided amongst his children and wife equally. The will should have been registered so that a copy would have been with the registrar.

But in your case it was notarized therefore it is not possible unless the notary retained a copy.

The children  of the brothers and sisters who are dead will inherit the property and if there are none then the property will be divided amongst the remaining members.

The will is valid if it is signed in presence of 2 witnesses.

No the husband will not be entitled to a share.

Husband of your deceased sister is not entitled to any share in your deceased father's properties. However, if your deceased sister has left behind any child/children, then they will get their deceased mother's share.

The share of your sister goes to her husband and children. 

1. If the will is not registered, there is no source from where you can collect its copy.

2. Your mother and all the children of your father, since deceased, are the legal heirs of his properties.

3. All of you can register a settlement deed or relinquishment deed settling or relinquishing  your shares of the said property in favour of your mother to comply with the spirit of the lost will executed by your deceased father.

The WILL needs to get probate from court and yes your sister husband and her children has rights in the property sharing.

1. All the legal heirs of your father or their legal heirs are entitled to have equal share of the properties of your deceased father.

2. You shall have to act as advised in my earlier post if you want to transfer the title of the properties of you deceased father in favour of your mother. 

1. All the legal heirs of your father or their legal heirs are entitled to have equal share of the properties of your deceased father.

2. You shall have to act as advised in my earlier post if you want to transfer the title of the properties of you deceased father in favour of your mother. 

1. All the legal heirs of your father or their legal heirs are entitled to have equal share of the properties of your deceased father.

2. You shall have to act as advised in my earlier post if you want to transfer the title of the properties of you deceased father in favour of your mother. 

1. All the legal heirs of your father or their legal heirs are entitled to have equal share of the properties of your deceased father.

2. You shall have to act as advised in my earlier post if you want to transfer the title of the properties of you deceased father in favour of your mother. 

Unregistered will is also valid.

1. If the sister is predeceased, then her husband is not entitled to any share of the said property.

2. If no, then your sister's husband is entitled to her share of yours deceased father's properties.

You cannot retrieve the notarised/unregistered Will if it is reported to have been lost and cannot depend on the  lost Will if you do not have even a photocopy of the same in your possession.

Therefore in that situation it can be assumed that the properties fall under intestate inheritance.

In the absence of the said Will, you cannot enforce the same to apply for transfer the revenue records to your mother's name.

Therefore it would be better that considering it as intestate succession, and as you people wish this property to be acquired by your mother alone, you and your siblings can execute a registered release deed in favor of your mother relinquishing your rights in the property, after which she will become the absolute owner of the entire property left behind by your deceased father. 

The legal heirs of your deceased  father are his wife, children, the term children includes the legal heirs of the deceased children.

In this case the widow and the children of your deceased brother and the spouse as well as the children of your deceased sister (if she was married) form one of the legal heirs of per law.

Therefore considering it as  intestate succession, the property can be legally divided into five equal shares if there is no consensus or amicable settlement ios arrived among the legal hersi/co-sharers to the property.

The legal heirs of your deceased  father are his wife, children, the term children includes the legal heirs of the deceased children.

In this case the widow and the children of your deceased brother and the spouse as well as the children of your deceased sister (if she was married) form one of the legal heirs of per law.

Therefore considering it as  intestate succession, the property can be legally divided into five equal shares if there is no consensus or amicable settlement ios arrived among the legal heirs/co-sharers to the property.

The legal heirs of your deceased  father are his wife, children, the term children includes the legal heirs of the deceased children.

In this case the widow and the children of your deceased brother and the spouse as well as the children of your deceased sister (if she was married) form one of the legal heirs of per law.

Therefore considering it as  intestate succession, the property can be legally divided into five equal shares if there is no consensus or amicable settlement ios arrived among the legal heirs/co-sharers to the property.

The legal heirs of your deceased  father are his wife, children, the term children includes the legal heirs of the deceased children.

In this case the widow and the children of your deceased brother and the spouse as well as the children of your deceased sister (if she was married) form one of the legal heirs of per law.

Therefore considering it as  intestate succession, the property can be legally divided into five equal shares if there is no consensus or amicable settlement ios arrived among the legal heirs/co-sharers to the property.

A Will whether registered or unregistered, is valid provided the same has been signed in all the pages by the testator before two witnesses who should attest the signature of the testator.

Your deceased sister forms one of the legal heirs to your deceased father, hence her share of property shall devolve equally among her own legal heirs which includes her husband and her children.

Therefore her husband is entitled to inherit her share in the property.

- As per law, it is not mandatory to notarized or registered the WILL . 

- Since, that WILL was  not registered from the office of the Registrar , then you cannot get the same as there is no record before any authority , and generally notary not having any copy of the same. 

- Now, as the WILL is lost and having no proof of transfer of property after the death of your father , then that property will be devolved upon all legal heirs of your father , i.e. your mother , sons and daughter equally. 

- Yes, after the death of your sister , her husband and children can claim her shares . 

if the will is registered you can get the copy from sub registrar office 

INDIAN SUCCESSION ACT, 1925 Section 238 - Probate of contents of lost or destroyed Will

When a Will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence.

1. daughter's husband is not a legal heir of your mother

2. Will is not required to be registered