Will Registration in India: The Complete Guide to Securing Your Legacy

A human works hard in their lifetime to achieve goals, ambitions, and create resources for themselves and their children. These resources are not only for enjoyment but create a legacy to be carried forward by the next generation. In order to safeguard these resources, the protection of a Will is available. In general, a Will is a legal declaration which explains the pattern of distribution of property after death.

This guide explains the concept of a Will, the registration process in India, rules regarding registration, and other essential details.

📜 Concept of Will

A Will is defined under Section 2(h) of the Indian Succession Act, 1925. It defines a will as the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.

Section 5 of the act discusses laws regulating succession to a deceased person’s immoveable and moveable property. The document specifies different details such as:

• Inheritance of property
• Appointment of an executor
• Guardianship roles (if minors are involved)
• Distribution of movable or immovable property

📝 Registration of Will

Registration is an important aspect as it may be used as evidence later; however, it is not mandatory to register a will in India. Under Section 18(e) of the Registration Act, 1908, registration of a will is optional. An unregistered will is also valid provided it meets the demands of a valid will.

Importance of Registration

Even though optional, registering a will is highly recommended for the following reasons:

• Legal Proof: Registration is secured by the Sub-Registrar of the state. Since it is registered under a government authority, it acts as legal proof, reducing chances of corruption or destruction.
• Reduction in Disputes: It helps reduce family disputes. If a dispute arises, the registered will serves as strong evidence in court.
• Authenticity and Intent: Registration acts as proof that the will was made without any influence and in good faith.
• Easy Probate Process: Probation means the official proving of a will. Registration simplifies this legal process.
• Easy Access to Custody: It specifies property distribution clearly, making it easier for heirs to acquire custody.

⚖️ Legal Requirements of a Will

For a will to be legally valid, it must adhere to specific requirements:

• Voluntary: The will shall be made voluntarily and not under influence or coercion.
• Age: The testator must have attained majority (18 Years).
• Written Format: The will shall be made in writing.
• Witnesses: The will shall be signed in the presence of two witnesses. The witnesses must also sign in the presence of the testator.
• Sound Mind: The person making the will must be of sound mind. Persons with disability can make a will if the contents are read to them in a language they understand. Note that a Will cannot be attested by a blind person.

steps Procedure of Registration of Will

If you decide to register your will, follow this step-by-step procedure:

1. Visit the Office: Visit the Sub-Registrar’s office of the appropriate jurisdiction where the testator resides. Schedule an appointment if required.
2. Document Collection: Gather all required documents, including details of the testator, the original will, and details of the witnesses.
3. Witness Presence: Ensure the presence of two witnesses at the time of registration.
4. Verification: The Sub-Registrar verifies the details, documents, and ensures the testator is aware of the will's contents.
5. Payment of Fees: Pay the necessary registration charges, which vary by jurisdiction.
6. Statement Recording: The Sub-Registrar may record statements from the testator and witnesses to verify the conditions under which the will was created.
7. Sealing and Signing: Upon verification, the Sub-Registrar seals and signs the document.
8. Scanning: The registered will is scanned and uploaded to the official Registrar database for security.

✅ Checklist for Will Registration

• Documents: Ensure possession of Aadhaar card, PAN card, original will, photographs, and identity proof of witnesses.
• Grounds for Challenge: Be aware that a will can be challenged on grounds of forgery, fraud, incapacity, or improper execution.
• Revocation: Under Section 70 of the Indian Succession Act, a will can be revoked by:
  • Marriage (for certain individuals)
  • Execution of a New Will or Codicil
  • Burning, tearing, or destroying the will with the intention of revoking it

Conclusion

A Will is crucial when questions regarding the distribution of property arise during or after the lifetime of the testator. While registration is not compulsory in India, it provides significant security, acts as substantial proof, and simplifies the legal process for heirs. Any person who has created assets should seriously consider the process of registration to secure their legacy.