• Validity of unregistered Will made in 2017

My father made a Will, duly signed by him and two witnesses in 2017. However, the Will is not registered. What is its validity in the light of Hindu Succession Act 1956, as amended in 2005, and H'ble SC judgment of 2018 on a Civil Petition.

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Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

The Will is absolutely valid

No registration of Will is compulsory 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

As per law is concern it is very clear that will would be valid even if it is hand written but same should be signed by atleast 2 witnesses and should also bear the certificate of the doctor stating physical n mental fitness of person who executing it.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See the will on plane paper signed two witness is valid there is no requirement of registration of the will you can file for the probate of the will.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) registration of will is optional 

 

2) non registration does not affect validity of will 

 

3) you should apply for probate of will 

 

4) probate is judicial proof that will is genuine 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A will can be made and it is not necessary to register a will. Therefore even if a will is unregistered it cannot be dismissed just because of this factor.

regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The civil suit must have been filed by your siblings...a partition suit basically. Now if a will exists the situation is totally different as nobody except the person who us named in the will is the recipient of the property.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See you have to file for the probate of the will before the probate court also the will can be produced in the suit, the court can refer it for FSL is signature on same are challenged. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. An unregistered Will is as valid as a registered Will as registration of Will is never mandatory.

2. So if the Will is otherwise validly executed like it as made during his physically and mentally fit condition and attested by two witnesses then it is valid and on this basis the suit for partition would would be determined to find out if your brothers have any share in the property or not.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Registration of will is not mandatory.  It's valid

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have to prove that will was executed by your father 

 

2) apply for probate of will 

 

3) enclose affidavit of one of attesting witness

 

4) registration of will is optional and does not affect validity of will 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The Will can be probated by filing a probate petition or a civil suit can be filed to prove the Will as genuine and last Will of the deceased 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Registration of Will is optional. Valid for all purpose. And it`s due execution will prove by recording statement of witness in court. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It is totally valid. 

Registration of a will is not mandatory 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Get the will probated in presence of the witness 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

dear sir

As per section 18 of registration act it is not mandatory to get a will registered.  So the unregistered will is also valid.

But to prove that will both of the witness should go to court to prove that will was signed in front of them and your father was healthy and of sound mind at time of making the will.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

A Will need be registered. It's not mandatory to register a Will. 

An unregistered Will is also legally valid. 

There's no such ruling by supreme court making an unregistered Will as invalid. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the Will is challenged by others then you can file a probate petition for grant of probate to Will through court of law which will confirm the Will as valid. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It is settled law that the registration of a Will is an important circumstance proving its genuineness, however, registration does not dispense with the need of proving the execution and attestation of the document as required under Section 68 of the Indian Evidence Act, it only dispels any doubt as to the genuineness of the Will. However, non-registration of a document by itself would not ipso facto make it bad. It is always open for the person who is claiming right on the basis of an unregistered Will to prove its execution and attestation so as to dispel all doubts relating to its genuineness. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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