• Will registration

Hi. My father is bedridden. And mother comes in vulnerable populations, both are unable to go to registrar office for registering will. We are two unmarried daughters. No other sibling is there. We have been a nuclear family from starting. Is will registration mandatory or typed will on plain paper in front of two witness will be ok? 

I am the eldest daughter. Please advice what can be done? Due to COVID we do not want outside people to be near them as doctor has said if the get the new variants they do not stand a chance. Also COVAXIN dose one is not available in Delhi. We have not been able to vaccinate them yet. Please advice.
Asked 3 months ago in Property Law
Religion: Hindu

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13 Answers

Will registration is not mandatory but it's always better to register a will. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Ma'm, 

It is suggested that even the unregistered "will" can solve the same purpose as registered one. So, get the same drafted responsibly and make the unregistered will. Do have 02 supporting witnesses for the will. Prayers for good health of everyone. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

- As per law, registration of WILL is not mandatory , and it can be written & signed by the testator on a blank paper 

in the presence of two witnesses. 

- Further if the property or assets are her self acquired property , then she can write a WILL legally. 

- Further , even after demise of parents , their property can be claimed by only her legal heirs , and none having right to claim . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

1. Registration of WILL is not compulsory but only optional.

2. Even an unregistered WILL will have the same legal validity as that of a registered one.

3. Signatures of two witnesses are a must, who should not be the beneficiaries of the WILL.

4.  Typed or untyped ( handwritten ) WILL with two witnesses signatures will suffice.

U R Welcome.

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

It is not mandatory not register a will but the format is advisable to be drafted by a legal professional(Advocate) so that minute mistakes are not made and the same is not challenged afterwards. You may contact through this website or on Google to connect with me for detailed information

Anand Shukla
Advocate, New Delhi
666 Answers
13 Consultations

4.9 on 5.0

Registration of will is optional 

 

it is sufficient if will is signed by testator and attested by 2 witnesses 

 

if it is typed on plain page it should suffice 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1) A Will is not mandatory to be registered. A simple handwritten expression of testators wish is a valid Will,  provided it's witnessed by a witness. 

2) However,  after the demise of the testator, the Will has to be probated at the testamentary wing of the High Court, for the word of the Will to become operational. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1420 Answers
5 Consultations

4.4 on 5.0

A will can be executed on any paper. It is executed on stamp paper so as not the create any doubt of date of execution of will. Will can be registered of un-registered. An un-registered will is as valid as registered will.  But if the will is registered, no stamp duty is charged on will, only registration fee has to be paid. After drafting of will the testator/will maker has to sign the will in the presence of  two attesters/witnesses to the execution of will, the witness should state/endorse on the will that they saw the will maker signing the will. As no stamp duty is required for registration  of will, you have to pay only lawyer’s fee for drafting will, that will not be more than 5 K in any case.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

Dear Ma'am,

1. Registration of will is not mandatory. It can be written/ typed on a plain piece of paper signed by a testator with 2 witnesses to support the will.

thank you

 

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

Hi, The Registration of the Will is not a compulsory it is only a optional. Your father can sign the typed will and it must required two witness and at the time of execution of the will your father must having sound mind.

Pradeep Bharathipura
Advocate, Bangalore
5135 Answers
282 Consultations

4.5 on 5.0

Hello, 

  1. It is not mandatory to have the Will registered for it to be valid. It would suffice to have it printed and signed before two attesting witnesses. 
  2. However, when situation improves the same Will can be registered. 

S J Mathew
Advocate, Mumbai
3339 Answers
157 Consultations

5.0 on 5.0

Hello

 

Typed will on plain paper in front of two witness will be ok. Make a video too in which read out the will and then get his signatures and that of witnesses. 

 

It will be fine. Calle me for more information, if required. 

 

Regards 

gmguptaandassociates

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

It is not mandatory to get the Will registered.

Even the unregistered will is legally valid in the eyes of law.

Hence you do not have to strain your parents to visit the registrar office for this purpose.

A Will written on a plain paper duly in all pages by the testator and two attesting witnesses is recognized to be a valid Document.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

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