Registration of Will
Updated and Published on 27 June, 2016
What is the process of Registration of Will?
The steps involved in the Registration of Will are as follows:
1. The will is drafted / prepared by an advocate / legal expert.
2. A date is fixed for the Will registration in the Sub Registrar office.
3. The Government registration fee is paid.
4. The testator and 2 witnesses visit the sub registrar office on the fixed day for registration.
5. Registered will can be collected after a week.
To get your will registered, you may contact us at 8800418408.
What is a Will?
A will or testament is a legal declaration by which a person, known as the testator, names one or more persons to own and manage his properties and assets after his death. In other words, a will provides for the distribution and transfer of the property of the testator after his death and hence, should always be registered.
A Will can be made by anyone who has attained the age of majority in India. A Will is a statement made by the testator in the written form stating the manner in which his estate/property must be distributed after his death. A Will being a testamentary document comes into effect only after the death of the testator. If a person dies without writing any Will then he is said to be have died intestate. Such a situation may lead to disputes among the family members / legal heirs after the death of the testator with regard to the distribution of the property and there may be the possibility of litigations in the court. Therefore, it is always advisable to get a will drafted and registered before its too late.
Watch the Video below to know the Step by Step Procedure for getting a Will registered:
Registration of Will
There is no restriction on the power of the testator to bequeath his self acquired property. He can bequeath his movable and immovable properties either to his family members like son, daughter, mother, father, brother, sister, grand children or even to strangers such as temple, religious trusts, servants etc through a registered will.
A Will can be drafted at any time during the life of a person. There is no restriction on how many times a Will can be altered by the testator. A person can cancel, amend or change his will as many times as he wishes after revoking the earlier wills. After the death of the person, only the Last Will executed by the testator shall be effective.
Succession planning through a will is important for ensuring transfer of wealth in an organized manner and avoid any sort of confusion. It ensures that wealth is transferred to the person the testator chose, that the interests of the weak or of minors are provided for, that the assets are distributed without and disputes in the family and that the wealth is transferred to trusted people who will respect what the testator has accomplished.
Advantages of registration of Will
Although it is not compulsory to get the Will registered, it is highly advisable to get it registered in the Sub Registrar Office during the life time of the testator. The registration of Will provides an evidence that the testator and the witnesses had appeared before the Sub Registrar and the Sub registrar had registered the will after ascertaining their identity.
If the will is registered, it will be easier for the legal heirs to get the title of the property transferred in their favour by way of Mutation in the records of DDA, L&DO or MCD. Otherwise, they will have to approach the court to get a probate or get succession certificate which is a lengthy, complicated and costly process. It will take atleast 6 to 8 months' time in obtaining a probate of the will if the Will is uncontested. A court fee of 4% of the value of property has to paid in Delhi for obtaining the probate along with the fee of the advocate / lawyer.
Once a Will gets registered, it is copied in the records of the Sub Registrar Office, and therefore, it cannot be tampered with / mutilated, destroyed or stolen. Thus, a registered will helps in avoiding possibilities of any dispute between the legal heirs and also reduces the possibilities of forgery as the legal heirs can always obtain the certified copy of the original Will.
Drafting of Will
Many people try to save money when it comes to making a will, and draft the will themselves or get it prepared from unqualified document writers just to save a few thousand Rupees and put their entire lifetime's savings and properties worth lakhs and crores at risk. What they do not realise is that if the will is not drafted properly along with all the necessary clauses, it will be easy for the other family members to challenge the Will in the court of law. Any ambiguity or lack of clarity in the language of the will can provide a good ground for challenging the Will. That is why it is recommended that the will should be reviewed / drafted and registered by a good lawyer or advocate.
Registration of Will after death
As per the law, a Will can be registered with the Sub Registrar even after the death of the testator. The Sub-Registrar shall register the Will only if he is satisfied about the genuineness of the Will. However, practically, it is very difficult to get a will registered after the death of the testator. The registration of will after death of the person is at the sole discretion of the registrar and generally they do not allow such registrations for certain reasons. So, it always better to get the Will registered during the life time of the testator
Important Points to note for Registration of Will in Delhi :
1. No stamp duty is required to be paid for the execution & registration of a will. A will can be executed on just a plain paper.
2. Government Registration Fee has to be paid by the testator.
3.The Testator (i.e. the person writing his will) along with two witnesses has to present himself before the sub registrar for the registration of will along with their Identity proof such as Aadhar Card, Voter ID card, Passport etc. The will cannot be registered online.
We provide services For Drafting & Registration of Will in all Sub Registrar Offices in Delhi, Noida & Gurgaon.
To get your will registered, you may contact us at +91-8800418408.
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Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The use of this web site, and the sending or receipt of information does not create an attorney-client relationship. By using this website you agree that there has been no advertisement, solicitation, invitation or inducement of any sort whatsoever from us to solicit any work through this website. We provide services for will registration in entire Delhi - West Delhi, South Delhi, East Delhi and North Delhi.
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