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How to draft a registered Will in India – a step-by-step guide
18 May, 2023 . 3 min read

How to draft a registered Will in India – a step-by-step guide

In India, one of the most common disputes (unfortunate, but true) is over property or savings. And the reason? Because there’s no proper Will in place. Having a registered will can change the whole dynamic.

A Will ensures a safe place for your wishes and gives your loved ones clarity and security while reducing the chances of legal battles.

Let’s cut to the chase and understand the process of registering a will in India and the things you’ll need.

 

But first, why consider a registered Will?

A Will, when drafted properly and signed, is valid in itself. But when registered at the sub-registrar’s office, a Will is shielded with an extra layer of authenticity.

A registered Will in India, though not compulsory, makes it legally sound and difficult for anyone to question its authenticity. For families spread across different regions or those who own properties, registering a Will makes inheritance easier and hassle-free.

 

Who can make a Will in India?

Any adult (18+ years) of sound mind and who can act voluntarily is eligible to make a Will in India. Whether you’re a salaried professional with an apartment, a retired professional with some savings, or a Non-Residential Indian (NRI) with assets in India, a registered Will can give you certainty.

 

What are the documents you need to register a Will?

You need a set of your personal documents at the registrar’s office to officially register your Will. Keep the following documents handy:

  • Original draft of the Will – Whether handwritten or typed, carry a copy of your original Will that has the names of the beneficiaries and the executor.

  • Address and ID proof – Carry the address and identification proofs (Aadhaar, Passport, or Voter ID) for you and your witnesses.

  • Property documents – Your sale deeds, bank details, policy numbers, demat or investment statements, etc., are crucial.

  • Passport-size photographs – Carry a few copies of your passport-sized photographs.

  • Details of beneficiaries and executor – Besides their mention in the original Will, you should also have all the details such as full names, relation, addresses, and contact numbers of the beneficiaries and executor.

 

How to register a Will in India?

The will registration process is pretty straightforward. Here’s how to register your Will:

  1. Draft your Will in simple language – type it or write it.

  2. Choose two witnesses who can sign the Will with you.

  3. Book an appointment at the sub-registrar’s office.

  4. Take all the documents mentioned above along with the witnesses.

  5. The registrar will verify all the documents and identities and ensure that you (the testator) are of sound mind and will witness the signing of your Will.

There you go – you got yourself a Will officially registered and secured, along with an original copy.

 

Final words

Although registration is optional, it’s always safe to get an extra shield of security. Especially when it’s about legal documents. And registering a Will acts as that extra security shield. You can revoke or change your Will anytime or draft a completely new one later. That’s your call.

So, are you now ready to draft and register a Will? Need help to get started? We’re here to help!

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