Obtaining Probate of Unregistered Will

3 years ago

Hi. I have an unregistered will (signed in front of two witnesses) which I want to legalise with probate. But I doubt that one of the legal heirs may object it. So, What is the safest way of not letting him know anything about the will and proceeding it for probate. For example, before they were staying with us but right now they have shifted to another house which is not their legal address. So can we (at current home) receive the notice on their behalf and not reply? Which will the enable the probate to get sanctioned. Or any other way of getting it passed safely. Also they are not aware of any signed will as they have been a headache to our family.

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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.dont receive the notice on their behalf. They can challenge the probate also.

Do the probate of WILL with help of witnesses.

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Pardeep Kumar Dhiman Dhiman

Responded 3 years ago

A.आप उकत वसीयत को probate करा सकते है।चूंकि वसीयत को साबित करने के लिए गवाह की आवस्यकता होती हैं।इसलिए आप गवाहों के बयान से उक्त वसियत को साबित कर सकते है।यदि दुसरा पक्षकार उस पर आपति करता है।कोई बात नहीं चूंकि जब गवाह वसियत कर्ता को यह कहते हूए साबित कर देंगेकी उकत वसीयत को हमारे सामने वसियत कर्ता ने अपनी होस हवाश मे निष्पादित किया था।तब विपक्षी की आपति निरस्त हो जायगी।
यदि सलाह ंमददगार है आपके लिए तो रेटिंग जर्रूर करे क्योंकि आपकी रेटिंग से मेरि रेटिंग बढ़ सकती हैं।धन्यवाद

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can prove your unregistered will as stated in Section 63 of Hindu Succession Act. You require at least one attesting witness out of the two witnesses for proving the execution and validity of a will. You will be able to get the property after receiving the probation from court.
If you find this helpful, please rate my answer.

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Anik

Responded 3 years ago

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A.Hi,
The only manner in which one can prove an unregistered will under section 63 of the Indian Succession Act, is to call at least one attesting witness out of the two witnesses for proving he execution and validity of such a will. This way you can get the probation of will by court.
If you find this helpful, please rate my answer.

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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
Just try for ex-parte.

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