• Is it compulsory to register a WILL for immovable property in Chennai ?

My Friends father's Will for immovable property is to be executed in Chennai, 
is it mandatory to register it in Chennai ?
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

Getting Probate is mandatory in Chennai.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Will can be registered anywhere in india it is not compulsory to register it in Chennai only . Further it would be better to register the will.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. No registry of will is not mandatory. 
  2. Has the will been drafted? Though it's not mandatory to register it, there are certain things you which need to be taken care of, to make the Will operational and of any value on the demise of the testator. In wills available in market, these things aren't taken care of, hence they turn to be of no value after the demise of testator. 
  3. Hence it's always adviceable to consult an advocate before drafting a Will, and also get it drafted through Advocate. It appears expensive, compared to purchasing ready made will, but those will are valueless even if registered. 
  4. I'm​ available for advice and drafting the Will. Come to my office. . Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Registration of will is optional 

 

no need to notarise or  register  will 

 

it is only required to be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi 

1) In Law, there is no necessity to register a WILL, given that the WILL can be changed/modified any number of times during the life time of a person. 

2) In any WILL, the WILL has to be attested by 2 witnesses (s.63 of the Succession Act, 1925) and in order to prove the genuineness atleast 1 witness has to come to the court and prove that the WILL  was signed by the testator( your friend's father) (Section 68 of the Evidence Act) and that at the time of execution of WILL, the testator was in sound mind and that he had executed the WILL without any coercion

3) A WILL can be executed any where in India.

4) It is also preferred that your witnesses to the WILL should be the best witnesses( i.e independent , trustworthy witness who are some how acquainted with the testator, who will come forward to testify in the court about genuineness of the WILL etc) 

5) Please note  Probate of Will is mandatory if properties are at Mumbai, Kolkatta and Chennai even if the WILL is executed outside any of the state

6) For Rest of India PROBATE of WILL is not mandatory, but if there are any legal heirs challenging the WILL, then letters of Administration are issued after courts examining the witness as stipulated in Section 68 of Evidence Act.

7)  Also the WILL has to be (probated) proved in a court having jurisidiction over the properties

example:

(a) A lives in Mumbai

(b) A holds major chunk of properties in chennai

(c) A executes a Registered WILL in Mumbai

(d) Attesting witnesses are from Mumbai

(e) After the demise of executor  The WILL has to be probated in courts at Chennai( as majority of his properties are in Chennai) ONLY. 

(f) The witnesses have to come to Chennai  from Mumbai to testify before the court and prove the WILL to comply with requirements of Section 68 of Indian Evidence Act. 

So , parties are advised to take a sound decision depending on all of the above facts.  

 

Hope this information is useful. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

No. It is not register to get the will registered. 

The same is required to be probated in presence of the witness after the death of the person who made the will. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It can be registered anywhere but if the property is in Chennai and he lives there too you should register it there. If you dint wan TV you can choose not to register the will too.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, the property where it's belongs to registered WILL in that sub registrar circle officer office.

 

But anyhow it's not compulsory to registered a WILL. But later on to probate a WILL it's lengthy and complex process.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1.  Any WILL executed anywhere in India, is not mandatorily required to be registered.  Two Witnesses are compulsory.

2. A WILL even though registered or unregistered, is prone to be  challenged in court, by shrewd parties, citing some excuses.

3.  HOWEVER, a registered WILL is considered authentic, since it is registered before a constitutional authority, i.e. the office of the Registrar of sub-assurances.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Will is not mandatorily registered as per the provisions of law. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Not at all

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

It is not mandatory for a Will to be registered  before a sub registrar's office.

The will signed by the testator before two witnesses in all pages is very much valid in law even if it is not registered.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Registration of Will is not compulsory at any stage and it does not matter whether it involves movable or immovable assets.

So the maker can make a valid Will on a plain sheet of paper provided it is seen and signed by two witnesses.  

And the testator of the Will must be of sound physical and mental state at the time of execution of the Will. 

 

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

 

In India, the registration of Wills is not compulsory even if it relates to immoveable property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client 

In Indiaregistration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908 and according to section 18 (e) it is the testator's choice as to whether he wishes to register it. There is no stamp duty payable.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Registration of WILL not mandatory but to avoid question as to validity of WILL, get it register.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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