1) registration of will is optional and not mandatory
2) the only requirement is will should be executed by testator and attested by 2 witnesses
Is registration of will compulsory?
Hello sir, My father-in-law's sister has transferred her house to my father-in-law in her will. The will has been written in Rs.20 Bond sheet and it has been by two witnesses also. The content in the document clearly says that the house will belong to my father-in-law and after him, the house will belong his legal heirs. Unfortunately the will document has not been registered when it was created. My father-in-law's sister and my father-in-law is no more. So I need to know is it compulsory to register this will document. If so what would be the procedure to do so. Please help.
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
1. Please note that registration of Will is not compulsory nor making it on stamp paper is also required.
2. So the Will youa re talking about is absolutely valid and enforceable in law.
3. However to act upon it you need to take probate of the Will if the same is compulsory.
1. Registration of 'WILL' is not compulsory and only 2 witnesses have to compulsorily sign the 'WILL' witnessing the execution of the same by the executor.
2. Based on the 'WILL' and by producing death certificate of the executor, you can apply for probate of the 'WILL' to the competent Court.
3. Based on the 'probate' the beneficiary can get transfer of the property in his/her name in the revenue records.
1. The registration of a will is not compulsory. Even an unregistered will which has been attested by two witnesses is legally valid.
2. A will can be written even on a plain paper.
Y. B. Maheshwer vs jagdees 2014 SC: according to section 17 of the registration act registration of Will is not mandatory.
A. As per the General rule of law, registration of Will is not compulsory.
B. The registration of will is optional. However, to create much evidentiary value and to eradicate unnecessary complications in future that the will registration would be recommended.
C. The said will cannot be registererd now due to legator already died. And will sue moto effective once the Legator/Testator died. the said house can be mutated in favour of beneficiary based on this Will. However, in case the beneficiary died intestate (without will) class I legal heirs of the deceased person will get equal share over the property.
D. Further, you can apply probate for will to prove genuinity of the will and the court will issue notice to the concerned legal heirs to put their objection. However, the said probate is not mandatory.
It is not mandatory to register the will.
You cannot register the will and there is no need for that.
As a legal heir you can proceed to enforce the same.
