Dear client,

Sorry to hear about your situation. Will is generally valid as long as it is properly executed and meets the requirements of Indian Succession Act, 1925. Creating, attesting, and guaranteeing legal conformity are all part of carrying out a will. Start by creating a precise and unambiguous will, and if necessary, seek legal counsel. The testator's signature and the signatures of at least two witnesses are required for the will, as per Section 63 of the Indian Succession Act. Although not required, registration enhances legitimacy (Section 18). Keep the original will safe, and if necessary, take Section 213 probate into consideration for validation. In the will, name an executor who will supervise the division of assets. After the testator's death, the executor may, pursuant to Section 301, begin the distribution procedure in line with the testator's wishes. 

Hope this helps you.

Apply for probate of will 

probate is judicial proof that will is genuine 

although private is optional advisable to apply for probate to prevent legal disputes in future 

apply for probate within period of 3 years of demise of testator 

It’s 3 years

After his demise, WILL is effective. No time limitation to execute WILL but should be done at the earliest. 

The beneficiary in whose name the will is written gets an indefinite right to get it executed anytime after the death of the testator as the will remains valid for time immemorial. There is no expiry date in case of Will and no authority can enforce a restriction or limit on the time period of execution of will.

Since it is a registered Will, you can get NOC from other legal heirs and apply for transfer of revenue records of the property bequeathed in the Will

You have to enclose affidavit of attesting witness 

personal presence is not necessary of witness 

No, it is not mandatory for the witness to the Will to appear before the Tehsildar or Municipality and depose evidence.

You can proceed with the copy of the death certificate of the Testator, legal heirship certificate, NOC from other legal heirs, copy of the title documents, copy of the tax paid receipts, copy of the identity proofs along with an application for transferring the revenue records to the name of the beneficiary of the Will.  

You require to obtain probate in respect of WILL. It is incorrect that WILL cannot be challenged merely because WILL is registered. In probate case to prove WILL witnesses are required to appear in court. 

Dear client,

Witnesses are usually not required for a will that is uncontested. The registered will, the death certificate, and other pertinent paperwork can be turned in by the executor or legal heirs. The transfer of property to the named legatee in the will is supported by Section 54 of the Transfer of Property Act, 1882.

Hope this helps you.

Yes for registration witness presence is needed 

- As per law, there is no limitation period for the execution of a Will , and once the period of 12 years are passed, the will is said to be Permanent.

- Further , if there is no challenge by any of the legal heirs , then Probate of Will is not mandatory.;

- You can apply for mutation of the property in your name on the ground of that registered Will 

- Witness appearance is not needed for mutation . 

There is no specific time frame but it is advisable to apply for mutation of property at the earliest.