Procedure Of Will Registration In India

Published on 16 Nov 2018 by Shivi

Under the Indian laws, inheritance and succession with respect to property of a deceased are governed by the Indian Succession Act, 1925, with the exception of Hindus and Muslims when the person leaves no Will i.e. he/she dies intestate. When the person leaves a Will regarding his property, the property will be distributed as per his/her wishes.

What Is A Will?

A Will is a statement by a person regarding who he/she wishes to allocate their property after their death. Section 2(h) of the Indian Succession Act, 1925 states that Will means a legal declaration of the intentions of a testator regarding who will carry his/her property after his/her death. The person who makes a will is known as the ‘testator’.

A Will can be made for any kind of movable or immovable property owned by the testator. However, the only condition on the kind of property that can be included in a Will is that it can be made only for the self-acquired property of the testator and not any ancestral property. This means that when it comes to the ancestral property, the laws and rules under the person succession laws applicable to the person will be applicable. For instance, the Hindu Succession Act.

Who Can Write A Will?

Section 59 of the Indian Succession Act defines who can make a will in India. It states that a person who is of sound mind and is not a minor i.e. he/she has attained the age of 18 years, can dispose of his/her property by making a will. This means a person who is in a state of intoxication, illness or any other cause which affects the capability to make decision cannot make a will while being in that state.

Section 59 also states that a person who is ordinarily insane can make a will during the time when he is of sound mind. Also, a person who is deaf, dumb or blind may also make a will if they have the knowledge of what they are doing.

How To Make A Will?

A Will must be drafted with the help of a documentation expert who has experience in dealing with family matters. The drafting of a Will in the most precise manner and mention the details of the testator, details of the self-acquired property of the testator and how that property is to be divided and the person appointed as the executor of the will after the death of testator.

The testator can make any changes to the Will if such changes are valid under the law. After all the changes are made, the last Will of testator will be considered as the final Will. The Will can only be executed after the death of the testator, however, it can be revoked at any time during the lifetime of testator.

Section 61 of the Indian Succession Act states that any Will obtained by fraud, coercion or importunity (in simple language- emotional blackmail) would be considered as void and cannot be executed.

Will Registration Procedure In India

Under the Indian Succession Act, 1925, it is not mandatory to get the registration of Will done. It is considered as the personal choice of the testator to get the will registration done or not. However, documentation experts suggest that getting a will registered is highly beneficial as it gives a legal backup to the will and helps in establishing the testator’s wishes in case of any future disputes.

The process of will registration in India includes the following steps:

  1. Upon drafting and reviewing of a Will, the testator needs to sign it in presence of at least 2 witnesses.
  2. The witnesses also attest the document, certifying that the Will is signed in their presence.
  3. The properly prepared Will is submitted with the Registrar or Sub-Registrar that has the jurisdiction over the area where the testator lives, along with the registration fees.
  4. The Registrar evaluates the Will and enters it in the book of Registrar.
  5. After entering the Will in the book, the Registrar gives order for registration of Will.
  6. If the Registrar rejects the will, a civil suit can be filed within 30 days of receiving the rejection notification.
  7. Revocation Of A Will

Section 62 of the Indian Succession Act states that the will can be revoked by the testator at any time when he/she is competent to do so, i.e. the testator is of sound mind and has attained the age of majority.

Legistify connects you with documentation experts in India who can help you in online Will registration in India. You can call us at 846-883-3013 or send us an email at [email protected].

Tags: Wills 

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