Legal Question in Wills and Trusts in India

Division of family property by will.My father on a plain piece of paper had executed a will signed & witnessed by 2 neighbours that after his death all his non-moveable property shall go to hiswife.......As he is now dead I would like to know:1) Whether any unregistered document(in this case a plain paper signed bymy father & witnessed by 2 neighbours)be considered as A PROPER WILL WITH AUTHENCITY/LEGALITY & EFECTIVENESS
2) On the basis of the above said document can my mother now make a registered/unregistered will & make division of her property to her heirs which was not made till date? HOW LEGAL/EFFECTIVE/CHALLENGEABLE SHALL BE AN ORDINARY /REGISTERED WILL & ALSO THE DIVISION OF THE PROPERTY MADE BY HER THROUGH ORDINARY WILL ON A PLAIN PAPER/REGISTERED WILL?

Asked on 2/08/14, 1:22 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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08.02.2014

Dear Sir / Madam,

1. Yes, A Will written and signed by the Testator (Maker) on a plain piece of paper in the presence of two witnesses who have signed to signify that the Testator has signed the Will in their presence, is perfectly valid in the eyes of law. A Will need not be registered.

2. Yes, the beneficiary named in the Will has to obtain a Probate on the Will to become the Owner of the property, and thereafter the beneficiary is entitled to make her Will.

Regards,

Answered on 2/08/14, 3:15 am

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