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Will Registration

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What Is Will Or Testament?

A last will/testament is legal documents that express/communicate the final wishes of a decedent (the testator) for the administration and division of his estate after his death.

Will is defined under Section 2(h) of The Indian Succession Act, 1925 as:

“will" means 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”

Is It Mandatory To Get A Will Registered?

No. one may proceed with an unregistered Will as law does not mandate Will Registration. However, a registered Will has more legal sanctity than an unregistered one.

A Will can be registered at the office of the local sub-registrar in the presence of the testator and two witnesses during the process of registration. It is advised that the witness must be someone who can verify the mental health of the testator while making the will. The desire of a person may change as per the circumstances and he may want amendments to be made in the Will. Since the registration fee is fairly low, one can easily revise or amend the will as many times as wanted. Each new version can be registered by paying the due registration fee.

Why One Should Opt For Registering A Will?

  • A registered Will has a greater legal and evidentiary value.
  • If the original Will gets destroyed or lost, a certified copy of the Will shall be safe with the Registry and can be obtained at any time.
  • If the original Will is tampered with or any such doubt arises, a certified copy of the Will can be obtained from the Registry to compare them It is in the best interest to register the Will.

What are the services Lawyerinc offers for Will?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for Will drafting and registration.
  • We have expertise in drafting and executing will/testament.
  • We will get in touch with you through renounced lawyers in this field.
  • Free consultation for any enquiry that you may have about will.
  • Will would be drafted by us and we will help you to register the same.
  • You will get your Will drafted and registered without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related Will registration and much more. To avail any of the above-stated services, kindly establish contact by posting a query at our site.

What Is Eligibility Criteria For Making A Valid Will?

  • Testator must have completed 18 years of age;
  • Testator have sound disposing mind or able to take his own decisions;
  • Testator is free from fraud, coercion or any undue influence;
  • Testator must have knowledge of contents of the will

What Points One Need To Consider While Drafting A Will?

  • The words must be written with utmost caution. They must clearly depict the intention of the testator without an ounce of doubt or ambiguity.
  • There must not be any conflict between words and language in the Will.
  • No clauses should oppose each other or be inconsistent.
  • It is essential that the clauses in the Will must be harmoniously construed.
  • There is no good or bad time to make a Will. Any person who is major with any assets can make a Will with an ease to amend it or add more to it at the later stage.

What Is The Procedure To Be Followed For Making A Valid Will?

  • The Will needs to be signed or affix mark by testator in presence of 2 or more witnesses;
  • The Will needs to be attested by 2 or more witnesses;
  • The Will needs not to be witnessed by witnesses where executor is appointed who can witness the same;
  • The Will can be executed on plain paper itself, use of Stamp Paper is optional;
  • The Notarization/attestation of will by Notary Public/Oath Commissioner is optional and as per the will of testator;
  • Although Registration of Will in India is optional and totally upto the will of a testator but it is always advisable to get it registered for higher authenticity of the same;
  • The Will can be registered at the office of the Sub-Registrar;
  • The Will can be registered even after the death of testator as per Section 40 of Indian Registration Act, 1908;
  • The revocation/alteration of the Will can be done as per Indian Succession Act, 1925

Can A Testator Change The Entire Will After Executing The Same?

A Testator has privilege to change the entire will as per his own wish and desire, at any time and in any manner as he deems fit and suitable. Any person who is competent to execute the will can make the Will and if he is not-competent to execute the same, Will is declared as void and unenforceable.

A Will, which is obtained by any force, coercion or undue influence, is declared to be as null and void. A Will, made under influence of intoxication or in such a state of body or mind, that the person is unable to think and decide clearly is declared as void.

A Will can be executed any time during the lifetime of a person. Although, there is no limitation or restriction on number of times a Will can be made or changed by a testator. However, only the last Will made by testator before his death is enforceable and legally valid. A Will can be executed by the testator, by signing or affixing his thumb impression in presence of 2 witnesses who also needs to sign and verify the same.

If Testator Only Wants To Make Few Changes In The Will, Is It Possible?

Yes, if a testator doesn’t want to change the entire will and only wants to make few changes, it can be done by making a codicil to the Will. The codicil is executed in the same way as the entire Will.

It is pertinent to mention that like Will, codicil can be altered anytime and is revocable. In case any objections raised by heirs of party, a citation has to be served, by calling upon them to consent that also need to be present before court. If no objection is raised, the probate will be granted and after that only a Will comes into effect and become legally valid.

Can A Will Be Registered Even After The Death Of Testator?

Yes, a will can be registered even after death of the testator if it is already signed by both the parties and verified by witnessed. Claiming parties have to produce original will before the Sub-Registrar Office along with death certificate of testator and witnessed also need to be present before the office of Sub-Registrar. If the officer is satisfied with the documents and find it accurate then Will can be registered. But in case of death of testator, officer can proceed for “Will Enquiry” procedure.

Is There Any Registration Fee Or Other Expenses For Registering Will?

Although there is no requirement of Stamp duty on will deed but party has to incur Registration fee of Rs. 100+ User charges prescribed if Will is to be registered during the life time of the testator. In case of death of testator before registration, the party has to pay Registration fee of Rs.100 and enquiry fee including processing fee.

Frequently Asked Questions

  • 1. What if one dies without any will?

    If one died Intestate, his property will be equally distributed amongst the family members as per the personal/state law of the deceased without any regard to the real intention of the deceased person.

  • 2. Does movable property also covered under will?

    Yes, all movable as well as immovable assets to be included in Will including Real Estate, Fixed Deposits, Money in Bank Account(s) Securities, Bonds, etc. That includes as per desire of testator.

  • 3. My grandfather makes the will but it is not signed. Is it valid?

    No, an unsigned will is not legally valid document. An unsigned Will is as good as no Will at all.

  • 4. Is there any witness required to execute will?

    Yes, minimum 2 witnesses are required for the same.

  • 5. If I am in hospital, do I need to sign it before doctor or advocate?

    No, any 2 witnesses are required or you can attach a fitness certificate from your family doctor along with the Will attesting the soundness of your mind.

  • 6. Why to get Will registration through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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