The testator may choose to distribute their assets among the heirs or beneficiaries as they wish. This can be done under legal regulations after the registration of the will is complete. The testator may take legal consultancy services to draw a will online, according to their conformity and requirements.
In India, an oral will was also deemed valid in the previous days, and still, in some places the oral will has value.
It is preferred to make a written will to make it legally valid and applicable after the testator’s death. The heirs may enforce it in a court of law to acquire their share of the property. In this blog, we will discuss the documents required for Will’s Registration.
What is a will?
- A will is known as a legal instrument through which a person can dispose of their property after their death. They will state the person’s intention regarding their possessions. A will comes into effect after the person making it passes away.
- They will mention the names of heirs and how the assets must be distributed. It also has the name of any executor if the testator wants them to exercise the authority of distribution.
- The person who draws their will is known as the testator.
- The will can be in written form or oral depending on the testator’s wishes. It is a method to regulate the succession of assets after a person’s demise.
Types of will
There are generally two types of wills. Each type has different documents required for will registration.
The types of will are:
- Privileged will.
- Unprivileged will.
An unprivileged will can be drawn by any individual. Only soldiers who are engaged in a war cannot make this type of will.
A privileged will applies to seamen, soldiers, officers, the air force, and the army. It has its own set of rules and regulations that are as follows:
Conditions to be met for making a will
Some necessary conditions are to be adhered to, make a will. These are as follows:
- The testator must be 18 years old or above to make a will.
- The testator should be of sound mind and competent to make a valid will.
- The Indian Succession Act of 1925 mentions the legal provisions for the visually impaired or vocally challenged people to draw a will for their future heir.
- The testator may add or remove any point as they wish or as required by them with the help of a lawyer.
- The presence of a doctor and a lawyer while signing the will can prove the current condition of the testator’s mental stability.
- There should be no pressure or coercion during the drafting of the will. It should be a voluntary choice.
- The documents required for will registration must not be forged or made under the influence.
- The will may or may not be registered by armed forces personnel. The will is still valid even if the instructions are present and the documents required for will registration will not be needed.
The process of registration of a will is complete when every document required for will registration is provided. It is not mandatory by law, but registration is done under specified circumstances. The documents required for will registration also depend on these circumstances.
The process is as follows:
- The testator may draft a will online or offline, according to their intention, with the help of an advocate who can make necessary arrangements for the registration.
- The lawyer may fix an appropriate day and appointment in the sub-registrar office to register the will accordingly. The testator must carry all the documents required to will register with them.
- The documents required for will registration are also signed by the testator and verified by the sub-registrar.
- The registration fees are different for every state and must be cleared in the process to be completed.
- The testator must sign the will along with two witnesses who should be present to attest in the presence of an advocate.
- The lawyer will collect the registration copy on the testator’s behalf. The copy will then be legally protected and valid.
The sub-registrar may hold in deposit wills. The will provided must be sealed and must be delivered by the testator or the person authorized by the testator as their power of attorney. The testator can also change their mind and withdraw the will if required by applying to the sub-registrar or through any authorized agent.
When the testator passes away, the applicant may visit the sub-registrar office and request the opening of the deposit will. The original copy is not provided to the applicant until a court order is presented asking to provide the same.
Documents required for Will Registration
There are certain documents required for will registration, which are verified by the sub-registrar for completion of the process and the final attestation. Registration is regulated by the Indian Registration Act 1908.
These are as follows:
- The documents required for will registration include two passport-size pictures of the testator.
- The documents required for will registration include a certificate from an MBBS/MD doctor in written form verifying that the testator is mentally sound and fully capable of making decisions.
- The documents required for will registration include the original copy of a will that is signed by the testator.
- Two witnesses should be present during the registration to sign. They also must carry their passport-size photographs which will be stated as the documents required for will registration.
- ID proof of the testator and two witnesses is necessary to include in the documents required for will registration.
- Residential proof of the testator.
- Pan cards of the testator and the witnesses are the important documents required for will registration.
The blog discusses the documents required for will registration. The testator can draw a will himself, and if they are not sure what to mention in a will or how to register it. They may seek legal consultancy services to understand the whole procedure thoroughly.