Registration of a Will or Codicil in India

What is the meaning of Registering a Will?

Registration of a Will means to Deposit the original Will with the Sub-Registrar of Assurances and obtain a certificate of registration for such deposit.

Registration of a Will or Codicil in India

Registration of a Will or Codicil in India

Who can Register a Will?

Any person who is competent to Contract i.e. competent to make a Will as per law can register a Will.

Why do people register a Will? What are the benefits and limitations of Registering a Will?

Registration of the Will provides authenticity of the document and prevents the validity of the document from being questioned. However, the contents mentioned in the Will are not validated and authenticated, it is only the document that is merely registered as authentic.

What is the cost of Registering a Will in India?

There is no stamp duty applicable to Registering a Will. The registration fee for Registering a Will is about Rs. 100.

Where and how can you register a Will in india?

To register a Will simply visit the local Sub-registrar office. For Maharashtra see: igrmaharashtra.gov.in

Does every subsequent Will also have to be registered, if the prior Will was registered?

No. There is no such requirement, but is always recommended.

What are the options available when Registering a Will?

  • Open Will
  • Sealed Will

What is a Sealed Will?

A sealed will is a Will which is kept in a sealed cover and the sealed cover is registered and kept in safe keeping. The seal is opened at the time of the death of the Testator and is registered at the time of death.

If I do not give a Sealed Will, will a Registered Will be available for anyone to see? Can any person get a copy of a Registered Will?

A registered Will copy is made available only to the Testator of the Will (during his life time). After the Testator’s death any person can obtain a copy of the Will on producing the death certificate of the Testator.

Is there a limitation period or timeline for Registering a Will?

No. There is no limitation period for registering a Will as in the case of other documents where it is upto 4 months from the date of execution. You can register a Will at any time, including after the death of the Testator. Section 40 and 41 of the Registration Act, 1908

What is the purpose of Registering a Will after the death of the Testator?

 

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