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Author Topic: Is there a time limit for WILL probate of a unregistered WILL  (Read 574 times)

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Offline Prabhath Shetty

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Hi,

1.My father has a notarized WILL with two witness signature which is not registered and have not mentioned a executor.
2.He expired one year back.
3.Now all his children are not happy they are saying they will challenge it.

Questions
1.I am the 3rd son, can I being one of the beneficiary register the WILL so that lets worry about things later?
2.Is there a time limit for a unregistered WILL?
3.What happens if I go for probate given that few beneficiaries are gonna challenge it.
4.As I am the one who is staying and using the property do not go for probate.?

Regards,
Prabhat Shetty

Offline rajgopal sripathi

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Re: Is there a time limit for WILL probate of a unregistered WILL
« Reply #1 on: March 15, 2016, 05:31:10 AM »
Hi
1) Since your father passed away registration of will at this point of time will only add to the doubts.
2) so better to go straight for probation of will in the district court.
3) People normally get scared when we mention courts. but the fact is that once the will is probated, it clears all unwanted doubts in minds of remaining legal heirs.
4) In a probate process, irrespective of what others will ask the courts will ask only two questions.
a) the witness did you see the man signing the document - the answer will be yes.
b) then the courts will ask is the signature of the man same as that in the will- the answer will be yes.
Then the will be probated. end of story.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: Is there a time limit for WILL probate of a unregistered WILL
« Reply #2 on: March 17, 2016, 08:26:11 PM »
1.I am the 3rd son, can I being one of the beneficiary register the WILL so that lets worry about things later?

WILL can be register by the testator not by the beneficiary. So there is no scope to register it now.

2.Is there a time limit for a unregistered WILL?

Your question disqualified to my above answer

3.What happens if I go for probate given that few beneficiaries are gonna challenge it.

Without executor no WILL is valid.

4.As I am the one who is staying and using the property do not go for probate.?

Enjoy the property. WILL is absolutely void and it has no merit as your father did not appointed an executor for taking probate of his last will. So, right now you enjoy the property if you are in possession and be prepare to face Partition Suit by your siblings.

For further information and consultation in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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