Make a Will
Will is a legal document executed by a person enlisting his/her desire regarding the manner in which their property and debts would be executed / distributed after their death.
ExpertPoint offers Will Drafting and Registration Service all over India through its associates.
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Learn more about Will Drafting and Will Registration
Will Drafting and Registration in India
Will is a legal document executed by a person enlisting his/her desire regarding the manner in which their property and debts would be executed / distributed after their death. A will is a testamentary document that states the names of the people and their share who will receive the property or estate of the person after his/her death.
The Indian Succession Act, 1929 lays down the laws relating to will registration, execution, alteration and revocation. A person who dies without a will is said to have died intestate and the property or estate of such person would be managed as per the laws of inheritance and succession post their death.
Registration of a Will is not mandatory in India. However, when any individual wishes to add one more witness to his/her Will that is the Govt. of India (Sub-registrar’s Office), they may do so voluntarily with extra efforts and some additional cost. Such registration helps the family when someone challenges the authenticity of the Will resulting into court intervention to prove genuineness of the Will. With Registration of Will, proving genuineness becomes easy without calling witnesses etc. as per facts of all such cases.
PROCEDURE TO DRAFT & REGISTER WILLS
- Normally a Will is signed at the home/office of the person in presence of two witnesses and Registration of a Will can be done during lifetime after a Will has been signed.
- Will is to be registered at the office of Sub-registrar of Assurances which is in the jurisdiction of the residence of the person who made the Will. There are no government fees for registration of a Will except scanning and photocopy charges which is very nominal.
- The testator must be personally present at the Sub-registrar’s office along with two witnesses.
- Registration of a Will normally takes a maximum of up to 30-45 minutes, however preparation may take 3 days for documentation, witnesses and appointment at the Sub-registrar’s office.
Documents Required For Registering a Will
- The person making the Will has to personally go to the Sub-registrar’s office with 2 passport size photographs.
- A Mental Fitness Certificate of the Testator from an MBBS / MD Doctor.
- Original Signed Will.
- Two witnesses must also be present with their 2 photographs.
- Photo proof of person who has made the Will.
- Photo proof of the two witnesses.
- Address Proof of the person who has made Will.
- Pan Card of Person making Will as well as of two Witnesses.
Other documents may be required as advised and introduced by the relevant government authorities.
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