Will Registration in India: Is It Mandatory and How to Do It Legally?

A Will is a legal document that ensures smooth distribution of assets after death. Understanding registration rules prevents disputes among legal heirs. What Is a […]

A Will is a legal document that ensures smooth distribution of assets after death. Understanding registration rules prevents disputes among legal heirs.

What Is a Will?

A Will expresses the intention of a person regarding distribution of property after death. It can be written, oral (rare), or registered.

Is Registration of Will Mandatory?

No, registration of a Will is not mandatory under Indian law. However, registration offers strong legal advantages.

Benefits of Registering a Will

Registered Wills:

  • Reduce chances of forgery
  • Carry higher evidentiary value
  • Are safely preserved by Sub-Registrar
  • Minimize disputes among heirs

Courts prefer registered Wills when disputes arise.

Procedure for Registering a Will

Steps include:

  1. Drafting the Will
  2. Visiting Sub-Registrar office
  3. Presence of two witnesses
  4. Payment of nominal registration fee
  5. Biometric verification and registration

The Will can be registered anytime during the testator’s lifetime.

Who Can Make a Will?

Any person who:

  • Is above 18 years
  • Is of sound mind
  • Has ownership over assets

Joint Wills are also permitted.

Can a Will Be Changed?

Yes, a Will can be modified or revoked anytime by executing a new Will or codicil.

Online Legal Help for Will Drafting

Online legal experts assist in drafting legally valid Wills, ensuring compliance with succession laws.

Conclusion

While registration is optional, it adds legal certainty. A properly drafted Will protects family interests and avoids litigation.