Registration of a will is not mandatory under Indian law; it is entirely optional. However, registering a will can significantly reduce the likelihood of disputes and enhance its authenticity by providing official verification of the testator's intent.
According to IndiaFilings, the validity of a will cannot be questioned solely because it is unregistered, meaning an unregistered will is still legally acceptable when properly executed.
Will: What is it?
A will is a legal declaration made by a testator specifying how their assets should be distributed after their death. It represents the testator's final intentions regarding property they own or have rights over.
There is no prescribed format for drafting a will in India. It does not need to be written on stamp paper or executed on any special legal document.
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Registration Of Will: Why It Is Important?
The Indian Succession Act, 1925 governs wills, succession, and probate in India.
Under this Act, a will may be registered or unregistered:
- Registered wills: Considered more robust and harder to challenge, as registration provides evidence that the document was executed voluntarily and without coercion.
- Unregistered wills: Legally valid if properly executed, typically written and stored safely by the testator.
Registering a will helps establish the genuineness of the testator's intent and adds an additional layer of legal security.
How To Register A Will?
Registration is carried out at the Sub-Registrar's Office within the jurisdiction where the testator resides or where the property is located.
Steps:
- Draft the will clearly, detailing the testator's assets, beneficiaries, and intentions.
- The will must be signed by the testator in the presence of two witnesses, who also must sign it.
- The testator visits the Sub‑Registrar's office with:
- Original will
- Identity proof
- Address proof
- Passport-sized photographs
- Both witnesses must accompany the testator with their ID proofs and sign before the registrar.
- Pay the registration fees (which vary by state).
- The Sub‑Registrar records and stores the will and issues a certified copy to the testator.
A testator may revoke or amend the will at any time by creating a new one.
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