Process for registration of a will in India


Overview: A will is a legal document by which a person, known as the testator lays down the process for the transfer and distribution of their property upon their death, and lists the name of the executor, to manage the estate until its final distribution. It serves as a testamentary instrument by which a person makes disposition of his property to take effect after his death. A will can be revoked anytime during the testator’s lifetime.

 

Not only property but a testator can bequeath his dwelling place, land, money, jewellery, paintings, royalty from publications, earnings from fixed deposits etc in the will. 

 

If a person dies without having made a will, he is said to have died intestate. His property is then inherited by his legal heirs in accordance with the law of inheritance applicable to him. Legal heirs generally include close family members such as one’s spouse, children, parents, brothers and sisters.

 

Purpose: It is not compulsory to register a will under the Indian law. However, there are certain advantages to its registration. Once a will is registered, a copy can be obtained from the registry due to which the original will cannot be tampered with. The same can be advantageous if the will has been destructed or destroyed. Lastly, it serves as a authentic and formal declaration of how a person wishes for his property/assets to devolve after his death which can help to avoid disputes between family members.

 

Areas of Application of Law: Provisions under the Registration Act, 1908 and Indian Succession Act, 1925.

 

Process: Below is the step by step procedure for registration of a will:

 

1.    As a first step, the person opting to register a will must decide if he wishes to do so himself or engage a lawyer to do so.

2.    There are various online websites which can be used by the person themselves for registration of a will.

3.    A person must be over 18 years of age and of sound mind to proceed with the registration of a will.

4.    If a person is drafting their own will on paper, they must remember the following:

-      Mention the name and address of the testator.

-      Mention the place and date of execution of will.

-      Do not use technical and jargon language and be as clear as possible while listing down the process of bequeathing of property.

-      Apart from that, it would have to be attested by two witnesses and the testator’s signatures on each page would be required.

-      Testator must also state that he has drafted the will free from any kind of coercion.

5.    A will can be made on a simple white paper, could even be an A4 paper and there is no fixed format defined as such. Hand written wills are acceptable but typed is preferred as there is less scope for confusion that way.

6.    The basic requirement for a will to be formally recognized as the signature/thumb impression of the testator along with signature/ thumb impression of two witnesses testifying that it is the testators will.

7.    It is however, advised to take the services of a lawyer as he will be able to help out with its legal consequences.

 

8.    Once a lawyer is engaged, he will draft the will in consonance with the testator’s instructions and a date would be fixed for the registration at the registrar or sub registrar office of assurance of the testator’s locality.

9.    A nominal government fee will have to be paid and there is no stamp duty to be paid.

10. The testator and two witnesses would have to be present at the registrar’s office on the date fixed for registration.

11. The registrar will check all details in the will draft and ask the two witnesses to testify. The testator of the will and the attesting witnesses will have to put their signatures and thumb impressions in the register.

12. Once the scrutiny of the will is done by the registrar or sub-registrar, and she is satisfied with all the documents, she will make an entry in the register book.

13. A certified copy of the registered will can be collected within a week from the sub registrar’s office.

14. Once a will is registered, it is placed in the custody of the registrar, and cannot be tampered with, destroyed, mutilated or stolen.

15. Facts in the registered will can be altered but it is a little difficult as it is amenable to registration each time it is subject to changes.

 

Documents required to be submitted by the parties for the procedure, if any: The following documents will have to be submitted by the testator to the lawyer drafting the will:

 

1.    Papers showing testator’s ownership of the property, funds etc. set to be bequeathed under the will.

2.    Names, address of persons to whom the property is being bequeathed.

3.    Name, address of person who would be appointed as executor of the will.

Names, address of the two witnesses.

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