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Registry of wills is optional in India. Unregistered will is considered as valid ones. Registry of wills is optional in India. Unregistered will is considered as valid ones.

1 year ago

Registry of wills is optional in India. Unregistered will is considered as valid ones. However, in case of an unregistered will we can still exercise the option of registering it at a later date even after the death of the testator.

Advocate Simi Paul

Responded 1 year ago

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A.Hi client,

Yes it can be registered even after the death of the testator. You just need to provide the relevant documents.

Thanks and Regards
Simi Paul
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Dear Client
Yes, you can register after the death of the author of the Will. Will registration helps to avoid litigation and disputes.
Hope it helps
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Subhashis Paul

Responded 1 year ago

A.Yes the said will can be registered even after the death of the testator but the said will be must be executed properly along with two witnesses.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
Yes, it can be registered after the death of the author of the Will. The procedure is as follows:
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Can a will be registered after the death of a testator?

Yes. Will can be registered by any person entitled to present the same under section 40. Donor/Testator or after their death the donee/ any person claiming as executor or otherwise may present it to any Registrar or Sub-Registrar for registration.
The claiming party shall produce the Will, records relating to the death of the testator, witnesses and the scribe before the Sub Registrar for Registration.
But Registration of the Will is not mandatory as an unregistered Will is equally valid if it has been witnessed (2 witnesses) properly.
Its generally registered even after death to avoid litigation in the future.
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