The Buyt Desk
As per Indian Law, it is not mandatory to register a will. An unregistered will can also define the way his or her property will be distributed among his/her heirs.
Will is a legal way to execute your wish of inheritance (who will own your property) after your death. In the Indian law system, there are laws for inheritance. The legal heirs get equal portions of the property of a person. Legal heirs are spouses, children and grandchildren. But you can give to anyone else by specifying the same in your Will. One can divide his /her property among their children in different proportions and can even exclude any or all legal heirs from inheriting your property.
Key features of a Will
-
Will is a legal way to describe the inheritance of assets against laws of inheritance. In Will, the Testator (a person who makes the Will) chooses the beneficiary (one over the other) and ensures succession in an organized manner.
-
Executor – In the Will, the Testator can employ an executor who is bound to carry out the instructions of the Will. Anyone (or more) can be appointed as executor and he/she has the right to refuse the role. An executor’s task is to both allocate assets as per the Will among the beneficiaries and collect the funds and pay the debts of the deceased. Probate (proof) of Will from the court of law can be obtained by the executor by filing a petition.
-
Beneficiary – The person /people who will inherit the property of the Testator as per his will. The beneficiary can be anyone, not just immediate family members.
-
Witnesses – The people who sign the Testator’s Will in Testator’s presence and Testator should sign the Will in the witnesses’ presence.
-
Registration – In India, the Will registration is not compulsory. If the Testator wishes to, he/she can register the Will. Registration is to be done at the Registrar’s office. It is advised to register the Will as it cannot be destroyed /stolen /tampered with/lost after registration. Registered Will will have no disputes about its genuineness as Testator, Witness and Registrar sign it in everyone’s presence.
-
Registration of will after death – Under the Registration Act, 1908, the Will can be registered to post the death of the Testator either by the executor or the beneficiaries. One needs to file an application along with the death certificate and the original Will with the Registrar for Will registration. After recording the statement of the witnesses and once the Registrar is satisfied with the authenticity of the Will, it is registered.
Summing up
Indian family courts have many cases wherein the Will was improperly made, badly executed or had no proper witness. All this can be avoided and seamless inheritance can be achieved by creating a proper Will and registering it. You can even seek professional help to do the same. It will be solid proof if you can make a video of the execution of your Will in presence of a witness and a family doctor to certify your mental health at that moment. With this video, there will be no benefit of the doubt. It is better to prepare for Will when you are in good health and register it with the registrar. By doing so, you will be avoiding many conflicts and property disputes that could happen in your family after your death.
