A registered Will is a legally validated document that simplifies the distribution of assets and minimises potential disputes.

In India, the Will registration process is governed by the Indian Registration Act, 1908. While having a Will is crucial, registering it offers added legal protection, making asset distribution smoother and more secure.

This article delves into the benefits of having a registered Will for asset distribution and explains the registration process at the sub registrar’s office.

1. Increased Legal Validity & Protection

A registered Will holds more legal weight than an unregistered will because it is documented with the government and is stored as a permanent record.

The Will’s registration occurs at the sub registrar's office, where the document is verified, witnessed, and sealed.

The Indian Registration Act governs this process, ensuring that the Will is legally binding and difficult to contest.

A registered Will provides an official record, so even if the original Will is lost or destroyed, the certified copy can be retrieved from the registrar’s office. This makes the Will less susceptible to disputes among legal heirs.

For example, if a family member claims undue influence or that the Will was forged, a registered Will serves as strong evidence that the Testator signed it voluntarily and in sound mind.

2. Prevents Family Disputes

Family disputes over asset distribution can strain relationships. A registered Will minimises such conflicts by providing a legally binding document that outlines the Testator’s wishes regarding their estate.

Since the Will is verified and recorded by an official authority, it becomes harder for anyone to claim undue influence or manipulation.

For example, family members may contest an unregistered Will by claiming that it wasn’t the genuine Will of the deceased. However, if the Will is registered, it provides proof of the Testator’s intent, and the sub registrar’s office ensures that the document is valid.

3. Helps Avoid Legal Complexities & Delays In Probate

Probate is the legal process of validating a Will in court. An unregistered Will may face delays during probate, especially if there are challenges regarding its authenticity.

However, a registered Will simplifies this process. Since the sub registrar has already authenticated the document during registration, it holds more credibility in court.

• Probate Process: The Indian Succession Act governs the probate process, and while probate is not mandatory in all cases, it becomes essential when the Will involves properties in large metropolitan areas. A registered Will expedites the process and makes it easier for the court to verify the document’s authenticity.
• Example: Without registration, the legal heirs may need to present additional evidence and Witnesses to prove the validity of the Will, delaying asset distribution. A registered Will avoids such complexities.

4. Safeguards Against Fraud & Forgery

One of the significant risks with unregistered Wills is the possibility of forgery or tampering. If the Will is not recorded officially, it may be altered, leading to unintended asset distribution.

By registering the Will at the sub registrar's office, the Testator’s document is safeguarded against such frauds.

The Will is stored as a public record, ensuring that no changes can be made once it’s registered. Only a subsequent Will that is also registered can supersede the original registered Will.

For example, in case of property disputes, family members may attempt to produce fake Wills. A registered Will’s authenticity is harder to question, and the document is preserved in government records, preventing fraud.

5. Ensures Proper Asset Distribution As Per The Testator’s Wishes

A Will that is not registered could lead to misinterpretation of the Testator’s wishes.

With a registered Will, the Testator can rest assured that their property will be distributed as per their desires. Registration ensures that all legal heirs and Beneficiaries receive their share according to the Will’s instructions.

Additionally, a registered Will reduces the chances of intestate succession, where assets are distributed according to the Hindu Succession Act or Indian Succession Act if there is no valid Will.

This process may not align with the Testator’s original intent, leading to unfair asset distribution.

• Example: A person may want to leave specific assets, such as jewellery or land, to particular family members. A registered Will ensures that these personal wishes are carried out without delay or misinterpretation.

How To Register A Will In India: The Process

The process of registering a Will is simple, yet it ensures that the document gains legal recognition.

Here’s a step-by-step guide to the Will registration process in India:

Step 1: Draft the Will

The first step is drafting the Will, which must outline the Testator’s assets and specify the Beneficiaries. It must include two Witnesses who will sign the document, verifying the Testator’s signature.

Step 2: Visit the Sub Registrar Office

The next step is to visit the local sub registrar's office for registration. The Testator must carry all necessary documents, including proof of identity (Aadhar card, PAN card), address proof, and two passport-size photographs.

Step 3: Pay Registration Fees

At the sub registrar’s office, the Testator will be required to pay a registration fee. The fee varies based on the state and the value of the estate.

Step 4: Register the Will

The Will is submitted to the sub registrar, and the Testator must sign the document in the presence of two Witnesses. The sub registrar will review the document and verify the identities of the Testator and Witnesses. Once satisfied, the Will is registered and recorded as a public document.

Step 5: Obtain a Certified Copy

Once the Will is registered, the sub registrar’s office will issue a certified copy of the document. This copy is kept securely and can be retrieved if needed, offering additional legal protection to the will.

The Bottom Line: How Yellow Can Help

Having a registered Will offers multiple benefits in terms of securing asset distribution, protecting family relationships, and avoiding legal complications.

It simplifies the probate process and prevents potential disputes among legal heirs. The Indian Registration Act ensures that the Will is valid and legally recognised, providing peace of mind to the Testator.

By opting for Will registration, individuals can ensure that their assets are distributed according to their wishes, without any ambiguity.

Given the rising property disputes and fraud cases, it is highly recommended to register your Will to safeguard your legacy.

If you are considering drafting and registering your Will, consult with a legal professional to ensure all formalities are met and to protect your assets for future generations. Yellow's team of legal experts has more than 50 years of combined experience and can help you with the registration process.

Besides the Will registration service, Yellow can also help you with other aspects of estate planning, including Wills, Trusts, Powers of Attorney, Gift Deeds, Legal Heir and Succession Certificates, Living Wills, and post-demise and asset transfer services.