A Simple Guide to Registering a Will in India
Making a Will is the best way to ensure your family stays protected and your properties are distributed exactly how you want. While you can write a Will on a simple piece of paper, registering it makes it much stronger and safer.
-
Why should you register your Will?
Think of registration as a “security lock” for your final wishes. Here is why it helps:
- When you register a Will, a government officer (the Sub-Registrar) verifies your identity. This makes it very difficult for anyone to claim later that the Will is fake.
- A copy of your Will is kept in the government’s safe records. If the original is lost, stolen, or damaged, the government copy can be used.
- Because you go to the office in person, it serves as proof that you were mentally fit and not forced by anyone to sign.
-
Who can make a Will?
- Anyone above 18 years of age.
- Anyone who is of sound mind (you understand what you are doing).
-
What do you need? (Checklist)
You don’t need much to get started:
- The Will: A clearly written document.
- Photos: Passport-size photos of yourself and your two witnesses.
- ID Proof: Aadhaar card or PAN card.
- Two Witnesses: You must bring two trustworthy people with you to sign as witnesses.
- Doctor’s Note: If you are a senior citizen, a simple note from a doctor saying you are mentally fit is recommended.
-
How to register your Will (Step-by-Step)
- Write it Down: Clearly state who gets which property. Name an “Executor” (the person who will handle the distribution).
- Book an Appointment: Most states now allow you to book a time slot online at the Sub-Registrar’s office.
- Visit the Office: You, your two witnesses, and your documents must go to the office in person.
- Verification: The officer will check your IDs and ask if you are signing the Will voluntarily.
- Final Step: They will take your fingerprints and photos, stamp the document, and give you a receipt.
-
Registration Fees (State-wise Variations)
The government fee for Will registration is nominal and varies by state. In most regions, it ranges between ₹500 to ₹2,000, plus minor scanning or user charges. For example:
- Delhi/Mumbai: Generally around ₹1,000.
- Karnataka/Tamil Nadu: Varies based on municipal limits but remains affordable.
Common Misconceptions
- “Is registration mandatory?” No, it is optional under Section 18 of the Registration Act, 1908. However, it is highly recommended to avoid family disputes.
- “Can I change a registered Will?” You can revoke or amend a registered Will at any time by creating a “Codicil” or a new Will. Note that if you revoke a registered Will, it is best to register the new one as well.
Expert Tip:
If a testator is physically unable to visit the office due to illness, Section 31 of the Registration allows the Sub-Registrar to visit the testator’s residence for the registration process upon request.
Disclaimer: This post is for informational purposes only and Laws and fees vary by state; please consult a lawyer before finalizing your Will.
