Registration of Will
AMIT KARIA
(Querist) 02 September 2009
This query is : Resolved
Hello,
Although registration of will is not compulsory, but if it has to be registered,
where can it be done and what would be the other requirements & charges,
Waiting for your replies,
Amit Karia
Jayashree Hariharan
(Expert) 02 September 2009
Will has to be registered in the jurisdictional sub-registrar's office. Stamp duty has to be paid as per your State's Stamp Act. No other requirements. only Will and stamp duty.
Kiran Kumar
(Expert) 02 September 2009
every state has it own procedure for this purpose...it is more of adminstrative matter...but one thing is sure that it has to be in the office of registrar as according to the procedure provided under the Registration Act.
take help of some local counsel dealing with such matter, he can give u first hand knowledge of procedure and official charges.
A V Vishal
(Expert) 02 September 2009
Registration : The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.
Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. 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.
Procedure for Registration : A Will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrar’s office along with witnesses.
Y V Vishweshwar Rao
(Expert) 02 September 2009
1- The Will Deed can be registered before any Registrar
2- Will Deed need not be registered with SRO where the Property/Properties are situated .
3- Will Deed needs no Stamp Duty , but required to pay Rs;- 100-00 or so and nominal Registration Fee in AP
4- Registration of the Will Deed - The Registrar will be Official Witness and he will endorse that the Testator executed , admited the contents and it is prima Facie show that the he/she was in Sound state of mind and the Will Deed will be properly attested by Witnesses as required by law . Apart form above there will be Edorsement of the Sub Registrar on the will Deed as Registered Will Deed !
A. A. JOSE
(Expert) 02 September 2009
I too endorse above views all of which are commendable.
Bhumik Dave
(Expert) 04 September 2009
Fully agreed with mr. Vishal.
Sachin Bhatia
(Expert) 14 September 2009
Will has to be registered in the office of jurisdictional sub-registrar's.riven
G. ARAVINTHAN
(Expert) 25 April 2010
Last registered will is the only valid Will
