Will Registration
akki
(Querist) 06 June 2009
This query is : Resolved
Do property wills have to be registered? if not done 'Will' is invalidated?
How do we get a copy of a will from official sources? And which is the official source?
A V Vishal
(Expert) 06 June 2009
Dear Akki,
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.
To the second part of query, you can only get the official copy if the will is registered. Moreover, the copy can be had only by the executors of the said will.
Y V Vishweshwar Rao
(Expert) 07 June 2009
Yes Mr Vishal is correct !
1- Will Deed need not be registered
2- A Registered Will Deed , will have an endorsment/Certificate of the Registrar on the Will Deed .The there was enquiry by SRO with the Testator , the contents of the Will Deed are as per the testator desire and that he executed Will with his free will and consent , a part from the other required Attesting Wittnesses . In case the Attesting Wittnesses are not availabel for evidence in Courts for any reasons , the certificate /endorsment of the Registrar Will be considered by the Courts .
3- If Will deed is Registered , you can get a copy of the same , after the death of the testator.
4- Proper execution , attestation are required and to be proved as per Evidence Act
5- Though the Will deed is not required to be registered , it is better to Register the Will Deed .
dhiraj choudhary
(Expert) 07 June 2009
registration of will is not compulsory.a will written on plane paper is as gud as attested before the registrar.in the end what matters most it is required to be proved like any other document in the court when disputed as a will is always a suspicious document
