How to Register a Will in India

Wills in India are eligible for registration under the Registration Act of 1908. This act requires that Wills be presented for the relevant registering body document registration. Contrary to popular misconception, Will registration is not required under the Indian Succession Act, but it does provide various benefits, making it a wise step in protecting your legacy and ensuring that your lawful heirs acquire your assets without additional difficulties.

A will, according to Section 2(h) of the Indian Succession Act of 1925, is a written declaration of a person’s intentions regarding his property that he desires to carry out after death. The Indian Succession Act of 1925 applies only to Hindus, Buddhists, Sikhs, and Jains, whereas Muslim law governs by their personal law. In India, the idea of will is not generally applicable to everyone in the same way,  instead, the respective personal laws of the country’s several religions govern it. The will is a legal document, and is only valid after the testator’s death. Even if it’s registered or not, it is valid will but for safety, it should be asked to get it registered.

Register a Will in India

To Register a Will in India, you typically must visit the local sub- registrar’s office in the jurisdiction where you live. The Will registration process requires you to submit your original Will as well as the relevant documents listed below. Registration fees will be charged as per the registration act of the state.

• Two passport-sized pictures of the Testator. In some areas, pictures and thumb impressions are recorded electronically.
• A documented medical certificate from an MBBS/MD doctor certifying that the testator is of sound mind and capable of making decisions.
• The original Will be signed by the testator.
• Two attesting witnesses must also be present in the subregistrar’s office to sign. Carry photo ID proof for the testator and two witnesses.
• Proof of the Testator’s address, PAN card, and two witnesses.

The sub-registrar will issue you a registration certificate once you have successfully registered. Keep this certificate with yourself in a safe place and consider giving copies to your family members and executor for reference.

Is it mandatory to register a will?

The Supreme Court ruled in “Maturi Pullaian v. Maturi Narasimham” that registering a will is optional. It is up to the testator to decide whether he wants to register his will under the Registration Act of 1908 or merely create a document that expresses his willingness to give his property to the relevant Legatee/Beneficiary.

A will must be in writing, verbal will lack sanctity, legality, and authenticity in India. If a will is registered and the testator wishes to re-register it after making the necessary amendments, it can be done and the last will which was made by testaor taken into consideration even if that will is not even registered. However, in Badari Basamma v. Kandrikeri, the court ruled that in the situation of two wills, the latter will take precedence. According to the Registration Act of 1908, a document must be registered within four months of its execution, however, Section 23 and Section 27 of the Indian Registration Act included a special provision for wills, permitting registration even after execution and without a time limit. In “Rani Purnima Devi And Another vs Kumar Khagendra Narayan Dev And Another,” the Supreme Court decided that “registered will not be adequate to satisfy all  suspicions about it.” if suspicion arises without subjecting the proof of registration to a thorough inspection, will not be genuine.”

Benefits of Having a Registered Will

Will registration in India have various advantages, including the smooth fulfillment of your intentions and peace of mind for you and your heirs? Here are the major advantages of registering your will:

• Avoiding Conflicts: A registered Will is less likely to spark disagreements among your beneficiaries. It creates a clear and legally binding record of your wishes, making it more difficult for anyone to argue the Will’s terms.
• Probate Process has been expedited: Probate is the legal procedure for validating a Will in court. A registered Will often has a faster and smoother probate process than an unregistered Will, saving your heirs time and money on legal fees.
• Asset protection: Will registration protects your assets and guarantees they are distributed as you intend. This protection is especially important if you have significant assets or a complex estate.
• Preservation of records: Registration makes a formal record of your Will, which is subsequently securely preserved by the registrar. This reduces the likelihood of the Will being lost, destroyed, or tampered with.

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