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What Is a Will? - An Overview

A will is a legal document that plays a key role in the distribution of one’s assets in the event of their death. The person making a will is known as the testator. It is necessary to keep a will in place to prevent the property from being distributed through the process laid down by law. When one dies without applying online will registration, the property is distributed through ‘intestate’ succession. The process of intestate succession varies from religion and personal law.

Thus, it is always advised to prepare a will in advance to ensure that the property is divided as per the wants and wishes of the deceased. Ideally, the will suggests the property being divided to the close relatives or friends of the deceased. Keeping a will in advance is a healthy practice, this is often overlooked as many people do not have a will or have outdated information in it. In India, it is not necessary for will registration but it is always advantageous to register it with the Sub-Registrar.

Will Registration India

Will registration is an important legal procedure that ensures that an individual's assets are distributed according to their wishes after their demise. It is a way of ensuring that your loved ones are taken care of even after you are gone. In India, the process of will registration is governed by the Indian Succession Act 1925.

In India, it is not mandatory to register a will. However, individuals may voluntarily choose to register their will with the Government of India's sub-registrar's office by adding an extra witness. This process requires additional effort and cost, but it can benefit the family if someone challenges the authenticity of the will, as registration helps prove its genuineness without requiring witnesses to appear in court.

Essential Components of a Will Registration

  • Personal Details: This includes the name, fathers name, date of birth, and personal address of the deceased
  • Details of assets: This is an account of the assets that need to be divided. This includes movable and immovable property owned by the deceased
  • Details of beneficiaries: This includes the name of the people who will be getting the assets. The will must clarify each asset with the name and personal details of the beneficiary
  • Signature: It has to be signed by the deceased
  • Signature of witness: A will registration must be done in the presence of a minimum of two witnesses. The signature of those witnesses is also compulsorily added
  • Executors Details: The executor is the person who will be implementing the will after the death. The name, address, and other personal details of the executor have to be included as well.
will registration

What Points One Need To Consider While Drafting A Will?

  • Extreme attention must be taken when writing
  • They must express the testator's desire in a indisputable manner and without any room for interpretation
  • The will must not contain any word or linguistic conflicts
  • No clauses should be at odds with one another or contradictory
  • It is crucial that the will's provisions be read consistently
  • Making a will can be done at any time
  • Any person who has significant assets can easily create a will and then alter it or add to it as per their wishes.

Documents Required For Registration of Will

  • A personal visit to the sub-office registrar's with two passport-size photographs is required by the person making the will
  • A doctor with an MD or MBBS degree certifying the testator's mental fitness
  • A genuine, signed will
  • Two other witnesses, each bringing two photos, must be present
  • A photograph of the testator who created the will
  • Proof of address and identity of the two witnesses
  • Documentation providing the will maker's address
  • A pan card showing the will-maker and the two witnesses.

Procedure of Registering a Will

  • Step 1: Choose the sub-registrar's Office:
    The testator should go to the sub-registrar's office in their residential area or where most of their property is situated. Bringing the original will is important for its reliability and authenticity during registration
  • Step 2: Flexibility in Timing:
    Unlike other documents with specific registration timeshares, a will can be registered at any time. This flexibility is necessary as the testator may prefer to keep the will's contents confidential.
  • Step 3: Examination by Registrar:
    The registrar carefully examines the will document for legal accuracy before registering. This ensures that any potential legal errors are identified and corrected.
  • Step 4: Registration Appointment:
    Once the registrar has completed the examination, a date is given for the testator to visit the sub registrar's office and complete the registration process. This appointment helps in an organized and efficient registration.
  • Step 5: Payment of Registration Fee:
    The testator must pay a fee of a modest amount to the government for the registration of the will. The registration cost could differ from state state. It is the testator's responsibility to fulfil this financial obligation.
  • Step 6: Presence of Witnesses:
    During the registration, the testator must arrange for two witnesses to accompany them to the sub-registrar's office. These witnesses play a crucial role in validating the authenticity and validity of the registration process.
  • Step 7: Receipt of Registered Will:
    After completing the registration process, the testator or their authorized representative receives a copy of the registered will. This serves as an official acknowledgement and is typically issued within one week or more.
will registration online

Eligibility for Will Registration

In India, there is no legal requirement to register a will, but it is always recommended to do so to ensure its authenticity and validity. A will may be written and registered by any adult who is at least 18 years old and of sound mind.

The following are the eligibility criteria for registering a will in India:

  • To create a will, the person (testator) must be mentally competent at the time of creating the will
  • The testator must be 18 years of age or older
  • The will must be signed by the testator in the presence of at least two witnesses who are also mentally competent and over 18 years old
  • The two witnesses must sign the will in the presence of the testator
  • The will must clearly state the testator's assets, beneficiaries, and any other specific terms and conditions
  • The will must be written in a language that the testator understands
  • The testator must be aware of the consequences of creating a will, and the will should not be created under any pressure, coercion, or undue influence.

Types of Wills in India

There are two main types of wills in India: privileged wills and unprivileged wills.

  • Privileged wills can be made by a soldier, airman, or mariner being engaged in actual warfare, or being at sea. They do not need to be witnessed or notarized.
  • Unprivileged wills must be in writing and signed by the testator (the person making the will) in the presence of two witnesses.

Here are some other types of wills that are recognized in India:

  • Mutual wills: A mutual will is a type of will in which two people make promises to each other about how their property will be distributed after they both die. The promises are made in writing and signed by both people.
  • Codicil: A codicil is a document that amends or adds to a will. It must be in writing and signed by the testator in the presence of two witnesses.
  • Conditional will: A conditional will is a will that is subject to a condition. For example, a person might make a will that leaves their property to their spouse if they are still alive at the time of their death, but to their children if their spouse dies before them.
  • Joint will: A joint will is a will that is made by two people together. It is not a mutual will, because it does not create any promises between the two people.

Advantages and Disadvantages of Will Registration

The benefits of will registration online include the following:

  • Will cannot be lost, damaged, destroyed, or stolen
  • The registrar has will in his or her secure care
  • Until the testator's death, no one may access or examine the will without the testator's express written consent
  • It is possible to transfer leasehold property into the names of the legal heirs without a will if a registered will is uncontested.

Having a registered will has the following drawbacks:

  • When compared to revocation of an unregistered will, revocation of a registered will is a laborious process
  • Any new will that a person makes after revoking an existing one should likewise be recorded.

Will Registration Charges in India

Here is a brief overview of some of the common registration charges in India:

Property Registration Charges: When buying or selling a property in India, the buyer is required to register the property with the government. The registration fees differ from state to state and are usually calculated as a percentage of the property's selling price. In general, the registration fee ranges between 1-2% of the property's value.

Vehicle Registration: In India, whether a vehicle is new or used, the owner must register the vehicle with the Regional Transport Office (RTO). The cost of registering a car varies depending on its worth and type.

Company Registration Charges: When registering a company in India, there are various charges involved, such as registration fees, stamp duty, and other charges. The fees depend on the type of company and its authorised capital

Safekeeping of Wills

A testator, the person who makes a will, bears the responsibility of safeguarding the will to ensure its validity and accessibility for beneficiaries after their passing. While some countries offer national or private will safekeeping services, India lacks such provisions. Therefore, it's crucial for the testator to secure the will themselves. Distributing copies of the will to beneficiaries is recommended. The testator should clearly indicate the number of copies made and emphasize that both the original and copies hold equal legal weight. Upon execution, a copy should be handed over to each beneficiary.

Importance of Safeguarding the Will

The testator must ensure the will's safety to prevent unauthorized access, loss, or damage. A secure location, such as a safe deposit box or a trusted lawyer's custody, is recommended.

Benefits of Multiple Copies

Distributing copies of the will provides several benefits. It ensures that beneficiaries have access to the will's contents, reduces the risk of losing the sole copy, and facilitates easy retrieval for probate proceedings.

Equal Weight of Original and Copies

The testator should explicitly state that both the original will and its copies carry equal legal weight. This eliminates any confusion or disputes regarding the authenticity of the will.

Handing Over Copies to Beneficiaries

Upon executing the will, providing each beneficiary with a copy ensures they are aware of the testator's wishes and can prepare for the distribution of assets.

Who Can Get Access to the Registered Will?

Public admission to will inspection is not authorised. A copy of the Will may only be obtained from the Sub-office registrar's by the maker of the will. The executor or a member of the deceased person's family may obtain a copy of the will following proper identification verification.

Will Registration FAQ's

A will is a legal document that outlines how a person's assets and possessions will be distributed after their death. Registering a will adds an extra layer of authentication and protection against potential disputes, ensuring that the testator's wishes are properly executed.
Yes, a handwritten will, also known as a "holographic will," can be registered if it fulfils the legal requirements for a valid will.
For a will to be valid, it must meet certain criteria, including being made by a person of sound mind, being in writing, and signed by the testator in the presence of at least two witnesses.
The cost of drafting and registering a will in India can vary based on factors such as complexity and location. It is advisable to consult a legal professional for accurate cost estimation.
There is no specific time limit for the execution of a will in India. However, it is recommended that the will is executed promptly after being prepared to avoid any potential legal complications.
A will must be voluntarily made, without undue influence or coercion. It should be clear and unambiguous in expressing the testator's intentions for asset distribution.
A registered will is one that has been officially recorded with the relevant authorities, providing a higher level of authenticity and reducing the chances of disputes. An unregistered will may still be valid, but it can be more susceptible to challenges.
Any person or entity (like a charity or organisation) can be named as a beneficiary in a will, as long as it is legally recognized.
If a registered will is lost, a copy can be obtained from the registering authority. The copy may be used in court to prove the will's existence and contents.
Yes, a registered will can be challenged in court on various grounds, such as lack of testamentary capacity, undue influence, fraud, or improper execution.
An unregistered will can be executed if it fulfils the legal requirements for a valid will. It may need to be proved in court, which can involve witness testimonies and other evidence.
No, a will cannot be registered by a power of attorney holder on behalf of the testator. The testator must personally sign the will in the presence of witnesses.
After the death of the testator, the registered will becomes a public document and can be inspected by interested parties. The execution of the will is carried out according to the testator's instructions.
The doctor needs to sign the will as a witness which is mandatory along with your sign.
A valid will must be carefully drafted because it is a crucial legal document. Under the Indian Succession Act, wills must be attested by a minimum of two witnesses in addition to the testator's signature (the person writing the Will).
No! A will will not be considered as valid if there is no signature.
Yes! Movable property is covered under will.
If a male dies intestate, that is, without leaving a will, his assets will be divided in accordance with the Hindu Succession Act, and the property will be given to the deceased person's legitimate heirs. A further division into classes I and II is made for the legal heirs.
There is no prescribed form of a will. In order for it to be effective, it needs to be properly signed and attested. It must be initialled by the testator at the end of every page and next to any correction and alteration.
Will registration is the process of registering a will with the relevant authority, usually the sub-registrar of assurances, to ensure its authenticity and validity. The registration involves the testator, the person creating the will, signing the will in the presence of at least two witnesses who also sign the will, and submitting it to the Sub-Registrar of assurances.
The execution of a will after the death of the testator can take several months to a year or more, depending on various factors such as the complexity of the estate, the number of beneficiaries, and any legal challenges to the will.
An unregistered will is valid in India, but it may be subject to greater scrutiny and legal challenges compared to a registered will.
In India, notarisation is not required. The testator must autograph the will, and two observers must watch their signatures on the document while both parties are present.
It is possible to write your own will without a lawyer, but it is recommended to seek legal advice to ensure that the will is valid and legally binding.
It requires the signature of the testator and two witnesses.
The four basic types of wills are:
  • Simple Will
  • Testamentary Trust Will
  • Joint Will
  • Holographic Will
  • Will cannot be changed after the death of the testator. However, the testator can make changes to the will during their lifetime through a codicil or by creating a new will.
    A daughter can challenge her father's will if she believes that it is not valid, such as if it was created under undue influence or coercion.
    A registered will can be challenged in court if there are legal grounds for doing so.
    A person can have multiple wills in India, but it is important to ensure that the Wills do not conflict with each other.
    Beneficiaries of a will can sell the property they inherit, subject to any legal restrictions or conditions specified in the will.

    Why Vakilsearch?

    Distribution of one’s property after death is a very important event. Reading of a will after death is a common practice where heirs gather to hear the will left by their recently deceased member. It is thus necessary that a will registration is specific. A confusing or non-specific will can cause a lot of legal and financial trouble to a grief-stricken family. It is important that the property is divided as per the wants and wishes of the testator. A poorly drafted will can also be often misused. This is why one should seek guidance from legal experts who will properly draft your wants and wishes.

    • We at Vakilsearch will always keep your interests in mind and draft your will as required
    • With the help of Vakilsearch, we will give you the best experience as we house experienced professionals with in-depth technical knowledge who will guide you at every step of the way
    • With service standards that are client-centred, reliable, and ethical, we will always be here to support you.

    Note: For every issue or concern you may have, our experts will assess your situation and advise you on the best course of action.

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