Will Registration In India
Will Registration In India- When a person makes a will, he/she declares to whom after his / her death the wealth and property will be disbursed. The said property and wealth, of course, can not be hereditary in nature but held by themselves.
- Registration of the will is not compulsory, as it is considered a personal choice of the testator under the Indian Succession Act, 1925. Nevertheless, recording it is advisable if its contents are to be remembered after the death of the person. In other words, if it is not registered, the truth or legitimacy of the will be a suspect and difficult to prove. SUCCESSION CERTIFICATE IN INDIA
Procedure for will registration
- A witness must accompany the tester to the registrar for registration until the will is written.
- When licensed, in a bank locker or with the solicitor, it can be held in safe custody. The registrars are also licensed to hold wills in the deposit. You will have to apply the will in a sealed cover by the testator or by an individual properly approved by the testator if you opt for the registrar to safeguard your will. The registrar must keep the cover containing the will in order to satisfy the testator’s identity or the individual approved by the testator.
- When you decide to change your mind and want to delete the will from the registrar, you can submit your application directly or do it through an official agent. If the registrar is pleased the individual will receive it.
- If you want to modify and change certain clauses in your will, it can be done by using Codicil, a document that enlists the modified parts of the will. The testator then certifies it in the presence of two witnesses and holds it with the registrar along with the will.
- If the person whose will is with the registrar dies, any person will apply to the registrar to open the cover that contains the deceased’s will. Nonetheless, the registrar will only open the cover in the presence of the applicant and provide the applicant with a copy only after the registrar is sure that the testator is dead. The original will remain in the registrar’s custody until a court orders the official to show the original will.
Will Registration In India
Advantages of Registering a
- The will cannot be tampered, destroyed, lost or stolen.
The will is kept in safe custody by the registrar.
c. No person can access or examine the will without the express permission in writing of the testator until his/ her death.
d. If a registered will is uncontested, it may be possible to get the leasehold property mutated in the name of the legal heirs without obtaining a probate of the will.
Disadvantages of Registering a Will
- Revocation of a registered will is cumbersome when compared to the revocation of an unregistered will.
b. If a registered will is revoked, the subsequent will made by the person should also be a registered will.