Registered will
For registration of will you are not required to pay any stamp duty and the registration fees are nominal charges. If a person registers his will then the mutation process becomes much easier for the legal heir. Registered will is more valid under the eyes of court A registered will can not be easily challenged in the court.
Unregistered will
An unregistered will is a will which is written by the will executor on the piece of paper and kept safely for the future use after the executor's death. An unregistered will is unclear as per the law. As there are many cases that come in court of fake will. It is very easy to challenge an unregistered will in court.
This is the difference between registered will and unregistered will
- A registered will is created by the testator (the person making the will) and is registered within the local Sub-Registrar's office.
- Evidentiary Value: A registered will has a higher evidentiary value in court. It is stronger evidence as it involves a formal registration process and is maintained by a government authority.
- Avoiding Disputes: Registered wills are harder to challenge in court as they have undergone an official process.
- Safekeeping: The original copy of a registered will is kept with the Sub-Registrar's office so that it is less likely to be lost or tampered with.
- Witnesses: Witnesses are also required during the registration process. They attest to the fact that the testator has signed the will voluntarily and is of sound mind.
- An unregistered will is created by the testator, but it is not presented for formal registration.
- Evidentiary Value: If the unregistered will is signed and witnessed, still has a slightly weaker evidentiary value compared to a registered will.
- Risk of Challenges: Unregistered wills can be challenged in court if there are disputes among family members or beneficiaries.
- Safekeeping: The responsibility of safekeeping the original unregistered will lies with the testator. There can be issues if the will is lost, damaged, or tampered with.
- Witnesses: Witnesses are required for unregistered wills and also for attesting the testator's signature and the voluntariness of creating the will.
As we all must be aware of, a will serves as the legal document with the help of which a property is divided after the property holder’s demise. When my grandfather died, there was a situation when we needed to know more about registered will vs unregistered will. While looking for answers to it on the internet, I stumbled upon Miss Charu’s answer about the differences between both. Apart from the difference I also wanted to know the
unregistered will validity and whether or not it is mandatory for a will to be registered. I did my research and found answers to these which I would like to share with you here.
Take the help of the legal experts of NoBroker in drafting or registration of your will or other property related documents without any hassle.Unregistered Will Validity
There is no requirement that a will be registered under the provisions of Section 18 of the Indian Registration Act, so there is no debate about the confirmed validity of an unregistered will because it is valid regardless of its registration as long as it complies with all aspects of the will's validity.
However, it is always a good idea to register your will in order to avoid having the contents of your will challenged.
A registered will, on the other hand, has its advantages. The party proposing a will has the burden of proof, and he must persuade the Court's conscience that the instrument is the Last Will of a free and capable testator.
Furthermore, there is an exemption for the registration of the will under section 23 read with section 27 of the Indian Registration Act, even after the obligatory four-year time has passed under the Indian Registration Act.
An unregistered will can also be registered at a later date even after the death of the testator. For this purpose, it is required to produce witnesses of the will, the death certificate of the testator, and the original will before the Sub Registrar.
Even after the testator's death, an unregistered will can be registered at a later date.
Is will required to be registered?
No, even if the Will refers to immovable property, it is not necessary to register it. Section 18 of the Registration Act of 1908 makes registration optional. However, it is recommended that a WILL be registered because a registered WILL cannot be tampered with, disfigured, destroyed, or stolen. It is widely accepted as a legitimate will. A WILL must be written; a verbal WILL has no sanctity, legality, or authenticity in India. A WILL can be registered after it has been written. A document must normally be registered within four months following its execution.
Read More: What is a Will in Law? How to Execute a Will in India? What is Probate of a Will?Authors Of The Question
Difference between registered will and unregistered will
Mukesh
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3 Year
2021-07-14T11:57:32+00:00 2023-02-15T20:40:06+00:00Comment
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