A will is a crucial legal document that determines how a person’s assets will be distributed after death. Many people assume wills must be registered, but Indian law provides flexibility with specific legal implications.
What Is a Will?
A will is a legal declaration of a person’s intention regarding the distribution of their movable and immovable property after death. It is governed by the Indian Succession Act, 1925.
Is Will Registration Mandatory?
Registration of a will is not mandatory in India. Even an unregistered will is legally valid if properly executed. However, registered wills carry higher evidentiary value in courts.
Advantages of Registering a Will
Registering a will:
- Reduces chances of fraud
- Prevents disputes among heirs
- Ensures authenticity
- Safeguards the document
Courts often give more weight to registered wills.
Procedure for Will Registration
The process involves:
- Drafting the will
- Visiting sub-registrar office
- Execution in presence of witnesses
- Registration and document storage
The testator must be mentally sound.
Who Can Make a Will?
Any person above 18 years, of sound mind, can create a will. There is no restriction on religion or gender.
Revocation and Modification
A will can be modified or revoked anytime during the testator’s lifetime by executing a new will or codicil.
Online Legal Consultation for Wills
Online legal platforms assist in drafting legally valid wills and guiding through registration, especially useful for senior citizens and NRIs.
Conclusion
While registration is optional, it is highly advisable. A well-drafted and registered will ensures peaceful asset transfer and minimizes future litigation.