• Validity Requirement for Wills under Indian Registration Act

Is it necessary for the will to be the original document located at the registered office to be considered valid according to the Indian Registration Act? Or the Original Will can be with the beneficiary
Asked 9 months ago in Property Law
Religion: Hindu

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25 Answers

After registration origional WILL is returned to executor with seal of registration and two extra copies are kept in record. A certified copy is as good as origional WILL. However, in case of WILL registration is not compulsory. It is in practice that origional WILL remains with beneficiary but as such there is no law or rule to this effect. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

No, the original will does not have to be located at the registered office to be considered valid under the Indian Registration Act. Section 29 of the Act states that a will can be registered at any sub-registrar's office within the limits of whose jurisdiction the testator ordinarily resides or where any of the property mentioned in the will is situated.

Once the will is registered, the sub-registrar will issue a registration certificate. The registration certificate is a public document and can be used as evidence of the will's contents. However, the original will does not have to be kept with the registration certificate. It can be kept with the beneficiary or anyone else.

Akshit Aggarwal
Advocate, Delhi
52 Answers

5.0 on 5.0

Will has to be an original document and should be with the person who makes the will if he is alive or with the heirs in case the person is no more. A will is registered so that its authenticity may be enhanced. In case there is a dispute then it has to be proved.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

The Indian Registration Act, 1908 does not specifically mention the need for the original will to be located at the registered office to be considered valid. However, the Act does state that a will must be in writing and signed by the testator. It is generally accepted that the original will must be kept in a safe place, and that the beneficiary should not have possession of it.

In the case of a Hindu will, the law is more specific. The Hindu Succession Act, 1956, states that a will must be in writing and signed by the testator in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator.

In the case of your client, who is a Hindu and is located in Delhi, it is advisable to keep the original will in a safe place, such as a bank vault or with a lawyer. The beneficiary should not have possession of the will until after the testator's death.

Here are some additional things to keep in mind about the validity of wills under Indian law:

  • A will must be made by a person who is of sound mind and who is not under any coercion.
  • A will can be revoked at any time by the testator.
  • A will can be challenged in court if it is found to be invalid.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

Well, if the original Willis with the 1st one and the second one denies its authenticity then the second one has to rpo e this in a court of law. If the will was registered and is not in the registrar office that is weird. It definitely raises doubts as a registered will has to be in the registrar office. On which book jild no. Ie location of the will mentioned in the registered copy.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

Origional WILL will be one only. As such nothing wrong if one beneficiary is producing origional WILL. No doubt arise. Since WILL is duly registered hence denial of second beneficiary would not cause any adverse effect. No purpose would be served by denial. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

It is not mandatory that the original Will has to be deposited with the concerned registrar itself. 

However if the testator prefers to deposit the Will, he can do so.

Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed cover super scribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

In that case it is the burden of the holder of the original Will to prove it by filing a probate petition seeking probate of Will, by which the genuineness of the Will can be established

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

The existence of an original will in the possession of one beneficiary, especially if the other beneficiary denies the existence of such a will, could potentially lead to a legal dispute. The lack of an original will at the registrar's office could raise further questions, particularly if the will was never registered. In a situation where there's a dispute between beneficiaries over the existence or validity of a will, obtaining a probate could serve as a significant step toward resolving the issue. Going through the probate process involves submitting the will to a court, which examines its validity. If probate is granted, it serves as legal confirmation that the will is authentic and valid. This can resolve disputes about the legitimacy of the document, offering a strong rebuttal to a beneficiary who denies the will's existence.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

No validity of will is not related to registration. Will is valid even if it’s not registered and as per law it’s registration is not mandatory 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Original will should be kept  in sub register office 

 

it cannot be with beneficiary 

 

 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

 

It does create doubt about genuine ness of will 

 

registered will should be lying in sub register office only 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

- Once a Will gets registered, it is copied in the records of the Sub Registrar Office, so that it cannot be tampered with / mutilated, destroyed or stolen , and copy of the same issued to the beneficiary 

- Further, as per Registration Act, the registration of a Will is not mandatory , and it can be written on a paper in the presence of two witnesses. 

- Further, even a registered Will can be challenged before the court on the ground of its validity , and hence Probate of a Will is needed. 

- However, if a Will is registered , then it cannot be denied the existence of such will. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

In India, the registration of a will is not mandatory, but it can be done voluntarily with the sub-registrar of assurances. When a will is registered, the original will document is typically retained at the registrar's office. However, the absence of the original will at the registrar's office does not necessarily invalidate the will. Here are responses to your questions:

Q.1: It is not necessary for the original will to be located at the registered office to be considered valid. A will can be valid even if it is not registered at all. The key factors that determine the validity of a will are generally its proper execution, the mental capacity of the testator (the person making the will), and the absence of undue influence or coercion.

Q.2: If the original will is not present at the registrar's office, and there are disputes or doubts regarding the existence of the will, it can indeed raise concerns. However, the fact that one beneficiary has the original copy and is producing it can be strong evidence in favour of the will's authenticity.

It's important to understand that the absence of the original will at the registrar's office does not necessarily mean the will is invalid. The legal validity of the will primarily depends on compliance with the legal requirements for wills, including proper execution.

In a situation where one beneficiary is producing the original will, and the other beneficiary denies its existence or authenticity, the matter may need to be resolved through legal proceedings. The court can examine the evidence, including the original will and any other relevant documents, and make a determination regarding the will's validity.

Akram Khan
Advocate, Gwalior
20 Answers

Not rated

Registration of Will is optional. 

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Upon completion of the registration process, the original last will and testament (WILL) is returned to the executor, bearing the seal of registration, while two additional copies are securely retained in the official records. It is essential to note that a certified copy of the WILL carries the same legal weight as the original document. However, it is worth mentioning that, unlike some other legal documents, there is no statutory requirement mandating the registration of a WILL.

In common practice, the original WILL often resides with the designated beneficiary, though it is crucial to emphasize that there is no specific legal provision or rule dictating this arrangement. In essence, there remains only one authentic original WILL. Consequently, it should not raise any concerns if a sole beneficiary presents the original WILL, as there are no inherent legal issues with this scenario. Furthermore, given that the WILL has been duly registered, the refusal of access to a second beneficiary would not yield any adverse consequences and would serve no practical purpose.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

Procedure and WILL registered both are correct. Nothing is wrong. Correct registration procedure is followed. You can inspect the record of registrar. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

In India, the registration of wills is governed by the Registration Act, 1908. The specific requirements and procedures for registering a will may vary by state and can change over time due to amendments in the law.

Generally, a registered will should bear the signature and stamp of the registrar. If the first page of the will lacks these marks, it could potentially indicate a procedural issue or an incomplete registration. However, visit the local registrar's office to get precise advice regarding this specific case from 1989, as the rules and practices have evolved since then, and there could be variations based on your location.

To ensure the validity of the will you may acquire the information from the registrar office while filing an application under the provision of right to information act or you may also consult with the concerned notary officer who notarised the will. The detail of notary officer as well as the serial number of notary register is mentioned on the Will in question.

Akram Khan
Advocate, Gwalior
20 Answers

Not rated

The absence of signature and seal of the registrar in the first page of the Will shall not invalidate the Will.

It is very much valid even under the circumstances you describe. 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

If the last page bears stamp and signature of registrar it dies indicate that will has been registered 

 

if first page does not bear his stamp does not make registration invalid 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

whether or not the Will was registered is of no consequence since under the law a Will is not even required to be registered

the mere fact that the original will is with one of the beneficiary would not ipso facto render such Will to be shrouded in doubt or of it being illegal or concocted

it is for the person who disputes the Will to prove that such a Will is not made as per law

the person who is propounding the Will has to only show certain essential requirements that the Will was duly signed by the testator in front of 2 witnesses and the latter had also attested to the signing of the Will by the testator by putting their respective signatures and that the testator at the time of making the Will was in a sound and disposing state of mind

if there are suspicious circumstances surrounding the execution of the Will which are raised by the person opposing the Will, then such suspicious circumstances also have to be removed by the person supporting the Will and convince the Court that there was no foul play in the making of the Will

the factum of there being no stamp and signature on the first page and there being a sign on the back page goes into oblivion when one considers the legal position that a Will does not require any registration

Yusuf Rampurawala
Advocate, Mumbai
7539 Answers
79 Consultations

5.0 on 5.0

It is valid.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

Dear Client,

The absence of a stamp and signature by the registrar on the first page of a registered will in India, while the back page is signed, could potentially indicate a procedural issue with the registration process. In India, the registration of documents, including wills, is governed by the Registration Act, 1908, and there are specific procedures that must be followed for a document to be validly registered. Typically, during the registration of a will, the registrar should examine the document and affix a stamp, as well as sign or initial each page of the document to indicate that the document has been registered correctly. This is done to ensure the authenticity and legality of the document. If there is an absence of the registrar's stamp and signature on the first page, it might raise concerns about whether the registration process was followed correctly, and it could potentially affect the validity and enforceability of the will.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

- If the said Will is dully stamped and signed by the Registrar on the back page , then it is a valid registration . 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

You can go for rectification in the above matter and get it rectified from the sub registrar office

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

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