Mukul Varshney
in Family Law
Asked June 03, 2017

Validity of Unregistered Will of Deceased Parent

  • 1 Answer
  • 879 Views

My mother was unwell for a long time and was loosing hope day by day. During her illness she made her hand written WILL (unregistered) in presence of two witnesses. Unfortunately she could not survive to get her WILL registered. After this incident (1 year later) my father made a registered WILL and in my father’s WILL there are clear details of my mother’s WILL with date of execution and other details. BOTH THE WILLS TALK ONLY ABOUT SELF-ACQUIRED PROPERTY. My parents did not get any ancestral assets. Entire share of SELF-ACQUIRED Property (located in Pune, Maharashtra) in both Mother's WILL as well father's WILL is given to son instead of equal division between son and daughters. My questions are (1) Now does my mother’s WILL act like as a registered WILL? (2) Mine is a Hindu Family and I am the only son. Can my sisters (Two Numbers) challenge my Mother’s WILL, since it is unregistered? (3) Can I legally press my sisters to abide by my Mother’s WILL? (4) Where do the WILL of my mother & father stay under Law, when it is placed for actual execution? (5) What further need to be done from my side that I should not get into any legal trouble? Kindly explain in detail and help.

Answer 1

first of all, i would like to tell you that the person in whose name property is there can only make the will . please let me know whose name the property is ? if will is registered and states that the properrty should go to only son, sisters can not claim there right. you can execute your father's will in the court as it is registerd. before that would like to know the details of the property and in whose name it is . (incase if it is not in your fathers name you can not execute the will and same with the mother.)

Agree Comment 0 Agrees over 4 years ago
  • Default avatar
    Mukul Varshney
    Advocate Meenakshi ji, Thanks so much for your response. This property in Pune is registered in name of my (1) Mother, (2)Father and (3) myself. What I do now so that my sisters cannot create any legal issue. Actually my brother-in-laws are forcing my two sisters to bring money from this property and hence they are saying to my sister for not agreeing/accepting my Mother's WILL which is hand-written. We all stayed throughout our life in Lucknow, Uttar-Pradesh but due to my sister's request we purchased property in Pune, Maharashtra. Now not sure if we can get the WILL probated in Lucknow.
    Agree 0 Agrees over 4 years ago

  • Default avatar
    Mukul Varshney
    Advocate Meenakshi ji,
    Agree 0 Agrees over 4 years ago


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