So I purchased a property owner left me a notarized will giving right for transfer, sale, mortgage & her legal  heir (2 sons) have no intention for the property. Her 2 sons are the only witness signed in the will. 1 son died. So my question is can I the sole executor can probate the will with death certificate or I will require witnesses signature ? My worry is can the witness who also the legal heir refuse to be witness or even ask money to testify when probating the will ?

No not at all in your case you are the executor of the will since it is left in your name both the legal heir who have signed as witness has nothing to do with the probate of will which is already in your name so you can probate the will with death certificate alone in high court. also witness cannot ask for money to testify thats illegal and would count as crime of money extortion.

In order to execute the Will, signatures of witnesses are not required.

Obvious you can probate the will.....and during the probation there is a procedure established by law can make the legal heir defendant.......if they refuse then you have to contest the case.

It is sometime a bit completed to answer without seeing the paper. To get a good opinion you should consult with someone with all the papers. You can book an appointment to know more.

Signature of witness is mandatory in the Affidavit. If the legal heirs of the deceased witness refuses to sign the affidavit, the same has to convey to court in writing. Futher, check the clauses of the Will. There are possibilities that the executor had mentioned a conditional clause on the death of the either of the witness.

Dear Mr. Bhuvan, Firstly probate of a will is not required in each and every state. For example, the probate of a will is not optional in Delhi. But the same might be required in some other state. Therefore, you need to clarify this issue. Once you clarify this question, I will be able to tell you the best possible solution. For details, feel free to revert. Thanks & Regards Adv Lalit Ajmani

a) It depends on whether the title documents are there with the owner. As it is mentioned that the probate is in process, so the owner can get the probate order, issue the occupants a legal notice for eviction and still if they does not vacate the flat, there are two remedies which can be availed simultaneously. 1. File a suit for declaration and injection. 2. File a criminal complaint the brother for trespass. OR b) As they are residing therein for more than 12 years, they can claim adverse possession. In my opinion, it is necessary to know all the relevant facts on this issue because otherwise proper legal opinion cannot be given.

You will require witnesses to be testified before the court for obtaining probate order. Is the seller dead already?

Above need to discuss the matter too know exact situation of the case so you book a consultation with Adv. Ruby from new Delhi

Advocate Ruby
24 Jul 2021 02:54 PM

First of all, you cannot purchase a property on the basis of will as it is invalid, however, in this situation, you can obtain probate after the executor of the will died, if the executor of the will is still alive, you can ask him to register a sale deed. If not, then file for probate petition.