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Free
Consultation
Consult with a senior property lawyer dedicated to you at every stage.
Will
Registration
The senior property lawyer will prepare the will deed & assist in completing the registration process.
Doorstep
Delivery
Expert will deliver the deed within the promised time after registration.
Will Registration
About Will
A will is a legal document through which a person can record their wishes regarding the distribution of their movable and immovable property among their preferred family members after their death. The person who creates the will is called the Testator, while the Executor is responsible for carrying out the distribution of assets according to the Testator's wishes. The individuals who inherit property through a will are referred to as Beneficiaries. A will serves as a method of planning the distribution of property, ensuring that after a person's death, their movable and immovable assets are distributed among their preferred family members without any disputes or disturbances.
COMPETENT TESTATOR
Generally, all persons who own property may be testators. A competent testator is a person who is of sound mind and has become an adult at the time of making the will. Any person who has attained the age of majority and is competent to enter into the contract is legally capable of making a will. Old age, severe physical illness, and illiteracy does not automatically disqualify a person from having a testamentary capacity. An idiot, lunatic, child, and any person who is deprived of understanding cannot make a will. The persons, who cannot freely exercise their will, cannot make a will.
REGISTRATION OF WILL
Registration of a will is not compulsory in India. The mere non-registration of a will does not create a presumption against its genuineness. However, it is advisable to register a will as it provides strong legal evidence of its validity. According to the Registration Act, will registration is carried out at the Sub-Registrar office in the testator's place of residence. This registration serves as evidence in court if the authenticity of the will is challenged. A registered will simplifies the process of proving its validity without requiring additional evidence.
Typically, the testator can sign the will at home or in their office, provided it is done in the presence of two witnesses. The registration of a will can be done at any time during the testator's lifetime after it has been signed. The registration must take place at the office of the Sub-Registrar within the jurisdiction of the testator's residence. It is mandatory for the testator to be physically present at the Sub-Registrar's office, accompanied by two witnesses, to register the will. Once the will has been registered, the registered will can be safely deposited for custody.
WILL REGISTRATION CHARGES
The registration charges of a will in Kolkata, West Bengal, are cost-effective and provide several benefits compared to registering other deeds. The government doesn't impose any fees for registering a will, which distinguishes it from the registration of other deeds. Unlike other property deeds, where individuals typically pay stamp duty and registration fees based on the circle rate or market value of the property, these charges are waived for wills. This means that individuals in Kolkata, West Bengal can register their wills without the financial burden of stamp duty and registration fees. This process makes it more accessible and affordable for people to secure legal recognition for their wills. Moreover, the registration of a will does not require any property value assessment by the Sub-registrar, making it even more convenient for individuals to formalize their testamentary wishes.
WILL REGISTRATION PROCESS
The process of registering a will involves several important steps to ensure its legal validity and recognition. Firstly, a draft deed of the will needs to be prepared, and it should be printed on plain white paper. The next step is for the testator to visit the jurisdictional Sub-Registrar's office to register the will. Both the testator and two witnesses must appear before the Sub-Registrar. After the testator and witnesses sign the will, the lawyer representing the testator will submit the original copy of the will, along with all relevant documents, to the concerned Sub-Registrar for registration. The Sub-Registrar will carefully verify the original will and supporting documents. Once satisfied, the Sub-Registrar will proceed with the biometric collection process, marking the completion of the will registration. Finally, the Sub-Registrar's office will return the registered will, submitted by the lawyer at the time of registration, to the testator. This comprehensive process ensures the proper registration of the will in accordance with the applicable laws and regulations.
A WILL IS NOT MANDATORY TO BE REGISTERED
Registering a will is not mandatory or compulsory. The process of registering a will is purely optional. The law does not require wills to be mandatorily registered. Whether a will is registered or not, it holds the same legal validity. Both registered and unregistered wills have equal weightage in the eyes of the law. The decision to register a will depends on individual preferences and circumstances. While an unregistered will is legally valid, it is important to ensure that the will meets the necessary legal requirements, such as having two witnesses who are not beneficiaries, the testator being of sound mind and legal age, and possessing the authority to distribute their property. However, both registered and unregistered wills can be contested in court and must be substantiated with evidence.
WILL REGISTRATION AT HOME
Will registration at home, also known as commissioned registration, provides a convenient solution for testators who are unable to visit the Sub-registrar's office due to illness. This type of registration allows the Sub-registrar to directly visit the testator's home and complete the registration process. The first step is the preparation of the draft deed of the will by the testator's lawyer, ensuring all necessary details are included. Once the draft deed is verified by the Sub-registrar, the lawyer submits the application for will registration with the concerned Sub-registrar. The Sub-registrar then schedules a visit to the testator's home, even outside regular working hours, including weekends and holidays. It is important to note that charges are associated with this home registration service, which vary based on the distance between the testator's home and the Sub-registrar's office. During the will registration process at the testator's home, the presence of the testator, two witnesses, and the lawyer is required to ensure a valid and legally recognized registration. This option provides a practical and accessible way for testators with health constraints to complete the will registration process without the need to visit the Sub-registrar's office.
WHO CAN BE AN EXECUTOR
An Executor is a person who is appointed by the testator and who helps to execute the Will. An executor appointed by the testator can obtain probate of the will. All persons who are capable of executing a will can be appointed as executors. Even a minor can also be appointed as an executor, provided that the probate is not granted to the minor until he attains the age of majority. Primarily an executor is appointed for the benefit of the beneficiaries. A beneficiary can also be appointed as an executor.
EXECUTION OF A WILL
Probate must be obtained from a court of competent jurisdiction to execute a valid will. Probate of will is a legal certificate of the authenticity of the will that must be obtained from the court. An executor can file a petition along with necessary documents as annexure before the court to obtain probate. An express prayer should be made to the court to grant probate to give effect to the intention of the testator. After filing the petition the court verifies all the details and invites the nearest kin of the deceased and the entire process is completed in a few steps and the probate is granted to the satisfaction of the court.
BENEFITS OF WILL REGISTRATION
The following is a list of potential benefits associated with registering a will:
1) Legal validity: Registering a will can provide evidence of its existence and authenticity, ensuring that it is legally recognized and enforceable.
2) Avoiding disputes: Registration helps minimize the risk of disputes and challenges to the will's validity by creating an official record of its existence and contents.
3) Clarity and certainty: Registering a will can provide clarity regarding the testator's intentions, ensuring that their wishes are accurately recorded and reducing the likelihood of misinterpretation.
4) Protection against loss or destruction: Registering a will helps safeguard against the loss, destruction, or tampering of the original document. It provides an additional record that can be used to establish the contents of the will if the original is lost or damaged.
5) Accessibility: Registering a will can make it easier for the executor or beneficiaries to locate and access the document when needed, especially if it is stored with a trusted authority or registry.
6) Efficient probate process: Registering a will can streamline the probate process by providing a clear reference point for the court, allowing for a smoother and faster administration of the estate.
REVOCATION OF WILL
Revocation of a will can occur through the following methods:
1) The testator can revoke or cancel the will at any time during his lifetime. This means that the testator has the freedom to change their mind and withdraw the provisions stated in the will. They can do this by explicitly stating their intention to revoke the will, either in writing or orally, in the presence of witnesses.
2) A will can be revoked by registering a cancellation deed. This involves creating a legal document specifically for the purpose of revoking the existing will. The cancellation deed must be properly executed and registered with the appropriate authorities to ensure its validity.
3) The testator can revoke or cancel his old will by registering a new will. By creating and registering a new will, the testator effectively replaces the previous will with updated instructions for the distribution of their assets and properties after their death. The new will supersedes the old one, revoking its legal effect.
4) The testator can revoke a will by changing any part of an existing will. If the testator wishes to make amendments or modifications to their will without entirely revoking it, they can do so by creating a codicil. A codicil is a separate document that contains the specific changes or additions to the original will. It must be executed and signed with the same formalities as the original will and registered, if required by law.
5) The easiest way to revoke or cancel an unregistered will is to destroy it completely. If the will has not been registered, the testator can simply destroy the document to signify their intention to revoke it. This can be done by tearing, shredding, or burning the will. However, it is important to note that if copies of the will exist, they should also be destroyed to avoid any confusion or potential disputes in the future.
ESSENTIAL KEY ELEMENTS
The essential key elements of a will are as follows:
1) Written consent: The will must be in writing and made with the testator's consent.
2) Clear wording: The language used in the will should be clear and unambiguous.
3) Parties involved: The will should clearly mention details of the testator, beneficiaries, executors, etc.
4) Property and distribution: The will must clearly state the property and how it will be distributed.
5) Takes effect after death: The will becomes effective after the testator's death.
6) Witnessed signature: The testator must sign the will in the presence of two witnesses.
