Will Registration Guide - Is it necessary to register a Will in India

Deposit & Registration of Will

What is the process of getting a Will registered?

Difference between registered and unregistered Will

Will Registration NRI

Will Registration is not mandatory under Indian Law, however a registered Will implies that the registrar has verified the writer of the Will and the witnesses by attesting it. Often, a Will is challenged in court on the grounds that it was made under coercion, threat or by a person of unsound mind. One way of establishing that the Will was made by the testator of his own free will with full mental capacities is to Register the Will.

Research has shown that approximately 90% of people do not know who has written their parents Will or where the Will has been stored. If the family does not know where the Will has been stored, it may be assumed that you have died intestate and your estate will be administered as per the succession law applicable. This may not be as per your wishes as mentioned in your Will. By Registering your Will, your Executor or next of kin will be able to get your Will from the registrar in the case that your original Will cannot be located.

1. A will is drafted by an expert – Nexgen Estate Planning Solutions
2. A date is fixed in the Sub-Registrar office for the Will registration
3. Government Registration Fees is paid. (Varies from State to State but is very less)
4. The Testator (Person who has written the Will) along with 2 Witness go the Sub-Registrar office to register the Will.
5. Registered Copy of the Will can be collected after 1 Week.

Note: Please Note that there is a difference between Registration and Execution. You need to execute a Will before registering it. In some special cases, you can execute a Will in front of the Registrar. So, the witness in the Will and Witness for registration of the Will can be different.

Under section 18 of the Registration Act the registration of a Will is not compulsory. Also, the SC in Narain Singh v. Kamla Devi has held that mere non-registration of the Will an inference cannot be drawn against the genuineness of the Will. However, it is advisable to register it as it provides strong legal evidence about the validity of the Will. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen. It is to be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate

Since a testamentary disposition always speaks from the grave of the testator, the required standard of proof is very high. The initial burden of proof is always on the person who propounds the Will.

It is also recommended that the NRI must register the Will separately in every jurisdiction even though it is optional in India to do so. It may be mentioned that the registration in a particular country may hold good in respect of properties of the NRIs in that jurisdiction. Accordingly, separate rules of registration of different countries ought to be complied 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.

A Nexgen Estate Planner will guide you through the entire registration process and accompany you to the office of the sub-registrar to ensure that your Will is registered hassle-free.