A will is a legal document that plays a key role in the distribution of one’s assets in the event of their death. The person making a will is known as the testator. It is necessary to keep a will in place to prevent the property from being distributed through the process laid down by law. When one dies without applying online will registration, the property is distributed through ‘intestate’ succession. The process of intestate succession varies from religion and personal law.
Thus, it is always advised to prepare a will in advance to ensure that the property is divided as per the wants and wishes of the deceased. Ideally, the will suggests the property being divided to the close relatives or friends of the deceased. Keeping a will in advance is a healthy practice, this is often overlooked as many people do not have a will or have outdated information in it. In India, it is not necessary for will registration but it is always advantageous to register it with the Sub-Registrar.
Will registration is an important legal procedure that ensures that an individual’s assets are distributed according to their wishes after their demise. It is a way of ensuring that your loved ones are taken care of even after you are gone. In India, the process of will registration is governed by the Indian Succession Act 1925.
In India, it is not mandatory to register a will. However, individuals may voluntarily choose to register their will with the Government of India’s sub-registrar’s office by adding an extra witness. This process requires additional effort and cost, but it can benefit the family if someone challenges the authenticity of the will, as registration helps prove its genuineness without requiring witnesses to appear in court.
Personal Details : This includes the name, fathers name, date of birth, and personal address of the deceased
Details of assets : This is an account of the assets that need to be divided. This includes movable and immovable property owned by the deceased
Details of beneficiaries : This includes the name of the people who will be getting the assets. The will must clarify each asset with the name and personal details of the beneficiary
Signature : It has to be signed by the deceased
Signature of witness : A will registration must be done in the presence of a minimum of two witnesses. The signature of those witnesses is also compulsorily added
Executors Details : The executor is the person who will be implementing the will after the death. The name, address, and other personal details of the executor have to be included as well.
Extreme attention must be taken when writing
They must express the testator’s desire in a indisputable manner and without any room for interpretation
The will must not contain any word or linguistic conflicts
No clauses should be at odds with one another or contradictory
It is crucial that the will’s provisions be read consistently
Making a will can be done at any time
Any person who has significant assets can easily create a will and then alter it or add to it as per their wishes.
A personal visit to the sub-office registrar’s with two passport-size photographs is required by the person making the will
A doctor with an MD or MBBS degree certifying the testator’s mental fitness
A genuine, signed will
Two other witnesses, each bringing two photos, must be present
A photograph of the testator who created the will
Proof of address and identity of the two witnesses
Documentation providing the will maker’s address
A pan card showing the will-maker and the two witnesses.
Step 1: Choose the sub-registrar’s Office :
The testator should go to the sub-registrar’s office in their residential area or where most of their property is situated. Bringing the original will is important for its reliability and authenticity during registration
Step 2: Flexibility in Timing :
Unlike other documents with specific registration timeshares, a will can be registered at any time. This flexibility is necessary as the testator may prefer to keep the will’s contents confidential.
Step 3: Examination by Registrar :
The registrar carefully examines the will document for legal accuracy before registering. This ensures that any potential legal errors are identified and corrected.
Step 4: Registration Appointment :
Once the registrar has completed the examination, a date is given for the testator to visit the sub registrar’s office and complete the registration process. This appointment helps in an organized and efficient registration.
Step 5: Payment of Registration Fee :
The testator must pay a fee of a modest amount to the government for the registration of the will. The registration cost could differ from state state. It is the testator’s responsibility to fulfil this financial obligation.
Step 6: Presence of Witnesses :
During the registration, the testator must arrange for two witnesses to accompany them to the sub-registrar’s office. These witnesses play a crucial role in validating the authenticity and validity of the registration process.
Step 7: Receipt of Registered Will :
After completing the registration process, the testator or their authorized representative receives a copy of the registered will. This serves as an official acknowledgement and is typically issued within one week or more.