Will Registration : A will is the legal instrument that permits a person, the testator, to make decisions on how his estate will be managed and distributed after his death.
- No stamp duty is required for the registration of the will.
- A registration fee of Rs 21 is payable.
- A will cannot be registered online. The testator is required to be present along with its two witnesses during the registration.
As per the jurisdiction, a will can be registered at the Sub-Registrar office even after the death of the testator.
The registration of the will depends upon the sole discretion of the registrar, and it will only be registered if registrar will be satisfied with the genuinely of the will.
Usually, registering a will after the death of the testator can be tedious and registrar generally do not allow such registration due to the risk of fraud and other reasons.
So, it is always advised to get the will registered during the lifetime of the testator.
Executing the Will : When executing a will, keep the following in mind:
- The will must contain the signature of both the testator and witnesses.
- These signatures must be clearly placed and show the testator/witnesses’ intention.
- The will must be attested by two or more witnesses who have witnessed the signing of the will by the testator. Similarly, the witnesses must have knowledge of the testator having signed the will. All parties must sign the will in presence of each other, but not at the same time.
- There is no particular form of attestation. The will must be attested by two witnesses, but these witnesses need not attest at the same time. This means they can meet with the testator at different times to attest the will.
Remember: wills need not to be written on stamp paper. However, you should definitely register your will, as it will increase its security and help prove its authenticity.
- Sale Deed
- Lease Deed / Rent Agreement
- Agreement to Sell
- Gift Deed
- General Power of Attorney (GPA)
- Release/ Relinquishment Deed
- Other Property Documents