Legal Guide

Procedure to do Will Registration at home

by Bhavya Choudhary · 3 min read

will register at home

Introduction

  • The procedure to register the will at home is an easy and digital process. The government has made the digitalization of the task of will registration at home through the online will registration portal.
  • The registration of the will at home after the death of the person deals with the legality of the declaration made by him. The recommendation from the advocates in the matters of wills is essential.
  • The will registration at home deals with the issue of declaration of the estate of a person to his legal beneficiaries after the occurrence of his death without visiting the office of the registrar and sub-registrar. 

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 will of the person 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 at home, it is transferred.

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 has become easy as now the government has given the facility of will registration at home.

Why is Registration of Will required? 

  • To get it executed smoothly and honestly, the registration of the will is required. A will 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. 

Steps and the Procedure to Create Online Will Registration

  • The eligibility of the person interested in creating the will should be checked before registering on the portal for registration of the will at home 
  • With the help of a legal professional or with the help of your family advocate, the draft of the will should be prepared before will registration at home.
  • Signatures on the will should be done in the presence of the witnesses, and the advocate will register at home.
  • The will should be registered on the portal for the registrar’s office.

What is the Eligibility to create a Will?

Two important aspects should be followed for will registration at home by a person who is legally binding to be eligible under Section 69 of the Indian Succession Act

  • The testator or the person interested in creating the will should have attained the age of majority before will registration at home. 
  • The testator should have agreed with free will and should be of sound mind for the process of will registration at home.

How to Draft the Will for Online Will Registration at home?

The government of India and the Indian laws have not specified how and what the procedure should be for making a will and what format and standard it should have. So, there are no specific guidelines regarding the same.

Moving on further in, the Indian Laws Will be made by the testator himself and with the help of a lawyer too. But there are some important points on which the will of the testator should rely to make it simpler and more convenient. 

  1. The name, age, address, and relationship with the beneficiary should be mentioned, and as much as possible information regarding them should be provided. To take precautions against any future confusion. 
  2. The will should talk about a person who has the power to observe the Execution of the will after the death of the testator. 
  3. The testator should also give a declaration regarding his free will, age, soundness of mind, and other eligibility. 
  4. They should give every possible detail of the property they hold. 
  5. If the beneficiary is a minor, then the name of the person who will be the guardian should be mentioned. 
  6. how the division of the property and estate will happen should also be mentioned 
  7. In the last, the will should be a sign in front of the witnesses and lawyer.

Documents required to get the Will Registration at home

The following documents are required for Will’s Registration at home:

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

What are the Benefits of the Will Registration at home?

  • It makes the process of distribution easier. 
  • It gives a legal sanction on the will of the testator for his estate distribution.
  • The online registration of the will gives it protection from all kinds of fraud, threats, theft, etc.  
  • Online registration of will helps in saving time from visiting the court and registrar’s office.

Conclusion 

The Will registration at home after the death of the person can happen only after the executor takes the initiative of registering 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 very risky and disputed area, as we saw the importance of the registration of the will after the death of the person to avoid disputes. Legal advice should be taken by the lawyer in case of any confusion. 

Will Registration at home is a complicated process. One must consult an expert professional to get the Will registered.

Bhavya Choudhary

Written by

Bhavya Choudhary

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