Legal Guide

Can Registration of the Will be done after the Death of the Maker of the Will?

by Bhavya Choudhary · 4 min read

Registration of will after death

Introduction

The answer to the topic in one word is yes, but to understand the registration of the will after death, we should be aware of the terms such as what is Will? Who is the maker? What is the registration of the will after death? Why is there a need for the will for the registration of the will after death?

This topic deals with the issue of the declaration of the estate of a person to his legal beneficiaries after the occurrence of his death. The registration of the will after the death of the person deals with the legality of the declaration made by him. The recommendation of legal advice from the advocates in the matters of wills is essential.

All Important terms in the Registration of the Will after the death of the Maker of the Will

What is Will?

  • A will is a legally accepted declaration made by the person to pass on his estate, wealth, etc., to the other beneficiaries after his death. It is accepted that there was an intention on the part of the deceased to do.
  • We consider the person’s will as his last wishes, which are to be fulfilled by us. By this, he declares his successors to own the property and wealth he owned, but after the registration of the will, it is transferred.

Why is it necessary?

  • It is important to get the property distributed to the legal heirs of the deceased person.
  • If the person dies without any intestate will, then the government has the authority to take on the person’s estate. Still, if there is any will, it will be distributed according to the declaration made by the person in his will.
  • If the registration of the will after the death is completed, the estate is transferred to the next owner.

Who has the Authority to make the will?

  • Any person who is a major of sound mind has the power to make a will to settle his property after his death. The Indian Registration Act 1908, it is said that there is no compulsion for the registration of choice after death.
  • Which makes the will of the person who has died enforceable in the court of law, as the will with or without registration of the will after death is considered legally valid in both cases.

What is the Registration of the will?

  • The legal enforceability of the will of the dead person can happen with or without registration.
  • But it is considered to be more sensible to get it registered with the competent authorities as the Will is the subject matter to property distribution among the heirs of the deceased person.
  • The registration of the will after the death is a complex process which we will discuss in detail.

Why is Registration required?

  • To get it executed smoothly and honestly, the registration of the will is required. A choice in India can be made on a simple paper, and there is no need for a specific format. 
  • But it should always be made under a lawyer and his legal advice to smooth the functioning of the will after his death.

What is Probate?

This happens after we try to go for the registration of the will after the death; probate is the authentication of choice submitted by the court to examine the validity of the will, whether it is a genuine will or a fake will. The court will investigate the registration of the will.

What is the Executor?

  • The executor is the last and the most important person to get the registration of the will after the death, he is appointed by the court, and the probate is given to him only.
  • The executor is the name that is mentioned in the will; however, it is the responsibility of the court to find out the legal heirs of the deceased if there is no mentioned executor in the will.

Registration of Will after the Death of the person

  • The registration act of 1908, passed by the government of India, in Section 40 talks about the issue of the registration of the will after the death of a person who has left the choice. He is called the death testator in legal terms. The process of online will registration is also brought up by the government.
  • So, the person who is the executor has the sole responsibility for the registration of the will after death. An executor has to present it to the registrar or the sub-registrar for the process of registration. The condition and process which should be fulfilled for the registration of the will after the death are-
  • The copy of the will is required to be presented by the executor, and an application should be made by him to the registrar of the court for the registration of it. 

He has to provide a few documents to register the will after the death, such as.

  • Photocopy of the will for the registration of choice after death
  • An application and an affidavit
  • The witness is also required
  • Adhar card
  • A death certificate is mandatory for the registration of the will after death.

One of the important things in this process for the registration of the will after the death of the testator, the executor has the responsibility of publishing a notification in the newspaper in both the languages, such as Hindi and English. 

  • The notice in the daily newspaper should ask for objections from the side of the general public on the claim of the will by the executor.
  • After the registrar verifies the details and investigation, he will send the letter to the executor and the witness for the registration of the will. 
  • In which the sub-registrar will also have the responsibility to check the facts of the case for the registration of the will after the death of the person. The process of online will registration is now also there.

Conclusion

  • The will registration after the person’s death can happen only after the executor takes the initiative to register it.
  • It will be registered only after the registrar is satisfied with his investigation on the subjects of the validity of the will, whether it is genuine or not.
  • The transfer of property in the law is a hazardous and disputed area, as we saw the importance of registering the will after the person’s death to avoid disputes.

It is essential to register the Will, but it is a process that takes time. One must consult a professional to get their Will written.

Bhavya Choudhary

Written by

Bhavya Choudhary

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