In the process of creating a will, it is important to recognize that one of those aspects which will add the most value is the registration of will. There are also no more reasons for it to be limited to rich families, as it is now a widely used document that is part of each family’s history. Death and a will registration in India are not something you can escape. The key to finding relief for any family that has faced a pain-stricken blow such as the loss of a loved one is to ensure that there is no disagreement among the family members regarding the division of the family property.
You will find all the answers to your questions in this article about the registration of wills, in addition to which you will also be pleased to know that we also offer Will-creating services to our customers which are drafted by our own legal team. We take care of everything from the drafting of clauses to delivering the wills right to your doorstep. We currently offer our services to make and deliver legal documents in 12 states. In the rest of the states, we let you download the soft copy of your will, which you can then print and execute in the comfort of your home.
How Do I Register A Will?
The testator of a will should go to the nearest Sub registrar’s Office to register the will. As well as your address proof, the witnesses who will sign and provide their thumb impression must also bring their photographs and address proofs.
Wills: Is It Necessary?
While the law does not mandate will registration, we think you should take advantage of this opportunity for a few reasons. It may be very easy to prepare a will, but executing it can be tricky. The situation may arise where, in the absence of trust among our own family members, we are forced to name an Executor of our estate or to give a Power of Attorney to someone in the event that we are still alive. All of these reasons and many more make it imperative for you to make your will registration in India when you are hale and hearty.
There are several circumstances that make it necessary to execute a Will, as well as to register the Will. Upon registration, you will help to preserve your Will by making it part of the public domain, which means that no one will be able to steal its contents if the Will is registered.
As far as the transfer of a property to a minor is concerned, the registration of the will is about all you can do. It has been a long time since a minor has acquired property of his/her own, therefore you will have to name a guardian who will be the holder of the property until a period of time arises at which time the minor can acquire the property. This must be done before the property can be transferred to the minor. Provisions for this kind of transfer from the will can be included explicitly.
How Does Will Registration Work?
If a Will has been registered, the original copy will be in the Sub-Registrar Office, and you can keep a copy.
Whenever you wish to change a clause in your Will, it is conveniently possible to do so through a Codicil, which is also a document that enlists the additions to the Will. Afterward, two witnesses attest to it and it is written down with the Will.
The Codicil doesn’t need to be registered, only signed by the Testator and the witnesses.
How Does A Probate Work?
Probate is often referred to as ‘letters of administration if without them, i.e., explicit permission from a competent State court, an Executor cannot execute a Will. If you name an executor and doubt the clauses in the will are being carried out, you can get the registration of the will probated from a court of law.
The Will can be probated by a nominee or executor through a lawyer. In case of further questions regarding the probate of a Will, LegalDesk.com can assist. Also, remember that the necessary documents for Probate cannot be acquired while the Testator is alive since one of them is a death certificate. Immovable properties of a Will must be proved in Mumbai, Kolkata, and Chennai by getting the Probate of a Will.
Advantages of Registering a Will
- It is impossible to tamper with, destroy, lose or steal a will that is in writing.
- Registrars are responsible for keeping the Online Will Registration India in safe custody until it is needed.
- A person without the express permission of the testator in writing can not access or inspect a will until the testator’s death if he or she dies before that time.
- The lease of a leasehold property can be changed in the name of the legal heirs, if the will is uncontested, without obtaining probate of the will in the first instance.