Will

Dispute Cases

A Will is a document which ensures that your wishes with respect to your assets and property are followed after your death. There Often arises problems and complications when a person dies without a Will. Yet we put off making a Will, not realizing the predicament we put our family in, after our death. It's a little effort that goes a long way. You will find the answers
to the questions you may have had on making your Will, registering it and other relevant information.

DOCUMENTS REQUIRED FOR WILL REGISTRATION

1. Two Passport Size Photographs
2. Residential Proof (Voter Card / Passport / Ration Card / Driving License )
3. Proof Of the property / Title of the property(Copy of Sale Deed / Transfer Latter / Fard / Jammabandi)

DEFINATIONS:

A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.

FORM OF A WILL :

There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed by the testator at the end of every page and next to any correction and alteration. No stamp duty is required to be paid for executing a Will.

ATTESTATION :

There is no prescribed form of a Will. In order for it to be effective, it needs to be properly signed and attested. The Will must be initialed by the testator at the end of every page and next to any correction and alteration. No stamp duty is required to be paid for executing a Will.

REGISTRATION :

The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will. Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.

PROCEDURE FOR REGISTRATION :

A Will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrs office along with witnesses.

NO FORMAT :

There is no prescribed format. It must communicate the intention of the person. It can be in any language and can be either hand-written or typed.

NO STAMP DUTY:

There is no stamp duty to be paid on a will. To be a valid document, the will must be signed and witnessed by at least two witnesses.

REGISTRATION :

The will should be registered in the office of the sub-registrar of the district in which the testator resides.

MAINTENANCE:

After registration, the will must be kept in the sub-registrar's office. It can be modified only through notification through codicils which also have to be registered.