will
shalini
(Querist) 09 November 2009
This query is : Resolved
how does one register a will
A V Vishal
(Expert) 09 November 2009
THE REGISTRATION ACT (Central Act No XVI OF 1908)
PART IX
Registration Act of the Deposit of Wills
42. Deposit of wills. -Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed covered superscribed with the name of the testator and that of his agent (if any) ad with a statement of the nature of the document.
43. Procedure on deposit of wills. - (1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register Book No.5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt; and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fireproof box.
44. Withdrawal of sealed cover deposited under section 42.- If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally, or by duly authorised agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.
45. Proceedings on death of depositor. -(1) If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the applicant's expense, cause the contents thereof to be copied into his Book No.3
(2) When such copy has been ade, the Registrar shall re-deposit the original will.
46. Saving of certain enactments and powers of Courts. - (1) Nothing herein before contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will.
(2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No.3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid.
adv. rajeev ( rajoo )
(Expert) 09 November 2009
Registration is very simple. After writing the will executor will have to present the will before the sub registrar of concerned revenue taluka.
After presenting it for regn., regaristrar will ask the exeuctor that the written will is correct or not, after the exeuctor answer, registrar will take the signature of the exeuctant, scribe and signature of the wittenesses, there after the entire document will be scanned and the photographs of the exeucutant and the wittness will be taken. again in the registar maintained in the registar office both the execuatant and wittnesses signatures will be obtained, before this necessary stamp duty will have to be paid by the executatnt.
So it is registration procedure.
Sachin Bhatia
(Expert) 09 November 2009
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.
Raj Kumar Makkad
(Expert) 09 November 2009
I also agree with the detailed procedure narrated by all other experts.
