Registration of will
Guest
(Querist) 18 August 2011
This query is : Resolved
What is the procedure for registration of WILL and where is the authority located in Delhi, where the WILL can be registered ?
Raj Kumar Makkad
(Expert) 18 August 2011
Will can be got registered in any of 9 District centres of Delhi. The person desirous of making will should be in a sound mind. He should get drafted detail of his will and it should be read to him in the presence of 2 independent witnesses (it shall be better if one of those is a medical practitioner capable of affirmation of health condition of such person) and if such person deem fit the contents of deed, then he should sign thereon along-with both the witnesses and thereafter they should come present before registrar wherein after satisfaction of registrar on his enquiry from willing person and after charging requisite fee, such deed is regisered.
Guest
(Querist) 18 August 2011
Thanks for the useful info...
I suppose, you mean 9 District Courts and is the registrar, some magistrate or is it a separate authority ?
K.S.Srinivas
(Expert) 18 August 2011
A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.
Will can be written in any language and no technical words need to be used in a Will, however the words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.
A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.
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. 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.
prabhakar singh
(Expert) 18 August 2011
Mr.Makkad advise is very perfect and practical,by 9 district centers means before any of the sub registrar in delhi,better you opt the office where properties situate or where you reside.
Guest
(Querist) 18 August 2011
Thanks Sir :)
Rajarshi Bhowmik
(Expert) 19 August 2011
COMPLIANTLY AGREE WITH Mr. Makkad, K.S.Srinivas AND prabhakar singh
Shashikant V. Patil
(Expert) 19 August 2011
Mr Makkad's brief is very practical and Mr. Srinivas had brief the same academically. Nice to read.
Guest
(Expert) 25 August 2011
i agree the same with experts