Will Registration and Legal Procedures
No, registering a will is not mandatory for its validity. However, registration is highly recommended as it provides additional legal protection and reduces chances of disputes.
Registered wills have stronger legal validity, are protected from tampering, loss or destruction, provide easier probate process, and reduce family disputes significantly.
You can register your will at the local Sub-Registrar's office in the area where you reside or where your property is located.
You need the original will, proof of identity (Aadhar, PAN, passport), address proof, and must bring two witnesses who signed the will.
The registration fee varies by state but is generally nominal, ranging from ₹100 to ₹500. This small fee provides significant legal protection.
While you can draft your will online, the final registration still requires a physical visit to the Sub-Registrar's office with witnesses for verification.
Probate is court verification of a will's authenticity. It's mandatory for wills executed in Mumbai, Chennai, or Kolkata, or for property located in these cities.
The probate process typically takes 6-12 months but can extend to 2 years or more if there are objections or complexities involved.
Yes, unregistered wills can be probated. However, registered wills have a smoother probate process due to their pre-verified authenticity.
If you have a registered will, you can obtain a certified copy from the Sub-Registrar's office. For unregistered wills, losing the original can create significant legal complications.