Will Registration

You must know that a will is a legal document executed by a person enlisting his/her desire regarding how their property and debts are executed after death. A Will is a testamentary document certifying state the names of the people and their share who will receive the property or estate of the person after his/her death. 

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The Indian Succession Act, 1929, lays down the laws relating to will registration, execution, alteration, and revocation. A person who died without making a Will then the property or estate of such person would be managed as per the laws of inheritance and succession post their death.

How to apply

Procedure to make a Will

Once the requisite documents are submitted, the lawyer drafts a will as per your requirements. The Will is then reviewed and signed in the presence of at least two witnesses. The same can be conveyed to the Registrar or Sub-Registrar that has appropriate jurisdiction along with the prescribed stamp duty. The Registrar registers the same after proper inspection; the same should follow after the death of the testator. If the Registrar rejects the Will, a civil suit needs to be file within 30 days from the date of the Registrar’s order.

Under section 18 of the Registration Act, registration of a will is not compulsory. Moreover, in Narain Singh v. Kamla Devi, the SC ruled that the mere non-registration of the Will, cannot be workout against the authenticity of the same. However, it is advisable to register it as it provides strong legal evidence of the validity of the will. Once a Will is registered, it is placed in the custody of the Registrar and hence cannot be tampered, destroyed, mutilated, or stolen. It must be given only to the testator himself or, after his death, to an authorized person who produces the death certificate.

Since a testamentary provision always speaks of the testator grave, the required standard of proof is very high. The initial burden of proof every time rests with the person proposing the Will.

Registration of Will by NRI

It is to recommend that the NRI must register the Will separately in every jurisdiction even though it is optional in India to do so. It may be mention that the registration in a particular country may hold good in respect of the properties of the NRIs in that jurisdiction. Accordingly, separate rules of registration of different countries ought to comply with as per rules of the foreign domicile of the NRI. If you are an NRI and want to Draft and Register a Will in India we at NEXGEN can help you do that.

Key Requirements

Documents required to make a will

The following documents are needed to register a will in India:

  1. Information about the beneficiaries
  2. Information about the property and estate
  3. Details about the debts
  4. Contact details of the will executor

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