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Registration of a ‘Will’

July 6, 2019

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What is a ‘Will’ Registration?

A ‘Will’ is a legal document by which the testator expresses his wish as to how their property has to be distributed after his death. A ‘Will’ cannot deal with ancestral property but only with self-owned property.

Registering a ‘Will’ with the help of the Registrar and Sub-Registrar is known as ‘Will Registration’. A ‘Will’ can be registered anytime and it has more flexibility than any other document.

Is it necessary to register a ‘Will’? Why?

According to law registering a ‘Will’ is not a mandatory process. But still registering a ‘Will’ provides definite legal backing to the ‘Will’ in case of possible disputes may arise in the future and in cases of disputes it would be of great help.

Example- If there are two ‘Will’ that a testator has written. The ‘Will’ that is registered will have a more legal applicability than the will that is not registered.

PROCEDURE OF WILL REGISTRATION

In normal and ordinary cases, the above procedure to register a ‘Will’ will be followed. But in special cases, the Registration Act provides an exception. The conditions are as follows:

There must be some special cause for which the officer may come to the residence of the testator for the registration process.
The cause may be ill health, impending death or any other such situations.

Proviso– If in case the Registrar or the Sub-Registrar refuses to registrar the ‘Will’ then the testator or his authorized person has the authority to file a civil suit against such Officer. The Court will then pass a decree of registration of the ‘Will’ it gets satisfied by the evidence produced by the plaintiff. But a suit can only be filed within 30 days of the refusal of such registration of the ‘Will’.

Advantages of Will Registration