Sunjay Kapur Will Dispute: Is Registration of a Will Mandatory in India?

The recent inheritance dispute in the Sunjay Kapur family, involving his mother Rani Kapur, ex-wife Karisma Kapoor’s children, and his current wife Priya Sachdev Kapur, has brought one crucial question into the spotlight:

Is registration of a Will mandatory in India?

With property worth nearly ₹30,000 crore at stake, questions around property transfer, succession planning, and inheritance rights have once again become a public discussion.

Is Registration of a Will Mandatory?

The short answer: registration of a Will is not compulsory in India.

Under Section 18(e) of the Registration Act, 1908, registering a Will is optional. A Will written on plain paper, duly signed by the testator (the person making the Will) in front of two witnesses, is legally valid — even without registration.

However, a registered Will carries much higher evidentiary value. It makes the Will harder to challenge, forge, or dispute. In high-value estates, registration can prevent years of legal battles.

How Is a Will Registered in India?

Will registration is handled at the local Sub-Registrar’s office where the testator resides. The process is straightforward and inexpensive:

1. Draft the Will – on plain paper, handwritten or typed.

2. Sign in front of two witnesses – both must also sign.

3. Visit the Sub-Registrar – carry ID proofs, witnesses, and the Will.

4. Pay a nominal fee – unlike property registration, stamp duty is not required.

5. Registrar keeps a copy – ensuring authenticity and security.

Registration can be done at any time during the testator’s lifetime.

What Happens If a Will Is Not Registered?

An unregistered Will is still legally valid. However, it can create hurdles:

• It is easier to challenge in court.

• Courts may view it with suspicion, especially when large property transfer is involved.

• Probate may be required, particularly in cities like Mumbai, Chennai, and Kolkata, where courts insist on validating Wills. Unregistered Wills face stricter scrutiny.

This is why Karisma Kapoor’s children are questioning the validity of Sunjay Kapur’s Will in the Delhi High Court — because it was reportedly not registered and read in “suspicious circumstances.”

When Should You Register a Will?

While not mandatory, experts recommend registering a Will if:

• You own multiple properties across cities.

• You are leaving assets to non-traditional heirs such as stepchildren, friends, or charities.

• Your estate value is significant and disputes are likely.

• You have updated or changed your Will multiple times.

Why Registration Matters in Property Transfer

Inheritance disputes are not limited to celebrities. Many Indian families face years of litigation over property transfer, bank accounts, and business succession due to poorly drafted or unregistered Wills.

Registering your Will:

• Protects your loved ones from unnecessary court battles.

• Ensures smooth succession planning.

• Adds legal strength to your property transfer intentions.

Key Takeaway

• Will registration is not mandatory, but it is highly advisable.

• A registered Will carries more weight in case of disputes.

• Proper estate planning, including succession planning and timely property transfer, ensures your assets reach your intended heirs without legal chaos.

The Sunjay Kapur inheritance dispute is a reminder for all of us: do not wait until it is too late — secure your legacy with a legally strong Will.