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Is unregistered will valid in India?

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Hi there,

At times Wills remain unregistered in India. Although a Will may remain registered that doesn't mean it is not legally accepted. Let me break down the validity of unregistered will in India.

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Is unregistered will valid in India?

The last will is considered the legal declaration which states the intention of the person who is making the will. So, the testator has the right to transfer the property to anyone he/she likes. So, now that we know that unregistered will is valid in India, let us understand why a Will must be registered.

  • The Will should be registered by the testator, that is a Will must be made by some in presence of a person along with the testator. If the testator cannot sign the will he/she must provide a thumbprint to ensure it is valid.

  • The signature of the testator must be provided in a prima facie manner.

  • The Will should be signed in the presence of two witnesses and the testator.

Since you have asked about 'is an unregistered will valid' I will mention a few pointers about unregistered will.

  • As per Section 18 of the Indian Registration Act, it is not mandatory to register a Will.

  • It can be challenged easily and to prove its authenticity will be a huge task

  • Even though it is better to register a Will, the testator must satisfy the conscience of the court that everything is in the Will of a free and capable testator.

  • Under Section 27 of the Indian Registration Act, a Will can be registered any time after the Will is executed.

  •  You can register an unregistered Will even after the death of the testator. For this you need to go to the Sub-Registrar's Office along with the two witnesses who were present when the Will was written.

  • Be it registered or unregistered anyone can challenge a Will. So, to check the validity of the Will anyone can 

Read more:

How To Execute A Will In India?

What Is Probate Of A Will

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