The Supreme Court of India has held that an unregistered Will is valid and enforceable in law. However, unregistered Wills are more likely to be challenged in court, so it is generally advisable to have your Will registered with the office of the Sub-Registrar.
An unregistered will is a will that has not been registered with the Sub-Registrar’s office. In India, registration of a will is not mandatory, but it is advisable to do so as it can help to avoid disputes and delays in the probate process.
The Supreme Court of India has held in several cases that an unregistered will is valid and enforceable in law. In the case of Saroja v. Santhil Kumar (2010), the Supreme Court held that an unregistered will could be proved by leading evidence of its execution and due attestation. The Court also held that a registered will could be revoked by an unregistered will, provided that the latter will was executed in accordance with the law.
In another case, Surinder Pal Sharma v. Surjit Kaur (2019), the Supreme Court held that an unregistered will could be proved by leading evidence of its possession and custody by the testator (the person who made the will). The Court also held that the absence of registration did not make the will invalid.
The Supreme Court’s judgments on unregistered wills have established that they are valid and enforceable in law, provided that they are duly executed and attested. However, it is important to note that unregistered wills are more difficult to prove than registered wills. In the event of a dispute, the court will need to be convinced of the authenticity of the unregistered will.
Did you Know?In a landmark judgment in 2019, the Supreme Court of India held that an unregistered Will is valid and enforceable in law. The Court observed that the Registration Act, 1908, does not require Wills to be registered. The Court also noted that the Indian Succession Act, 1925, does not specify any particular form for a Will, and that a Will can be written on any piece of paper. The Supreme Court’s judgment is a significant one, as it provides clarity on the validity of unregistered Wills. It also means that people can now make Wills without having to go through the process of registration, which can be time-consuming and expensive. |
Advantages and Disadvantages of Unregistered Wills
Advantages:
- They are cheaper and easier to make than registered wills.
- Unregistered wills can be kept confidential.
- Unregistered wills can be revoked more easily than registered wills.
Disadvantages:
- They are more difficult to prove than registered wills.
- They are more likely to be disputed.
- Unregistered wills may not be enforceable in foreign jurisdictions.
Conclusion
They are valid and enforceable in law in India. However, it is important to be aware of the disadvantages of unregistered wills before making one. It is advisable to consult with a lawyer to ensure that your will is properly executed and attested.
- Make sure that your will is signed and dated by you in the presence of two witnesses.
- The witnesses should also sign and date the will in your presence.
- Keep your will in a safe place and inform someone you trust about its existence.
- Consider getting your will registered with the Sub-Registrar’s office. This is not mandatory, but it can help to avoid disputes and delays in the probate process.
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