Status of an Unregistered Will Post the Death of the Testator

An analysis of how an unregistered will functions under Indian laws and how property is devolved under such instances. Registration of a will is not mandatory, but it does carry with it certain benefits that may prove to be crucial in case of any dispute on the validity of the will.

Tue Jun 11 2024 | Real Estate, Wills, Probate and Trust

A will is primarily a legal declaration which any individual makes regarding the manner in which they would like for their property to be managed and distributed after their demise. Even though a will is a legal document, there is no prescribed form in which it is required to be made. For example, there is no need to make a will on a stamp paper or other such legal requisites and it is not mandatory for a will to be typed,  since a handwritten will is also equally legal and valid in the eyes of the law. Having made that point, as far as preference is concerned for validity purposes, a handwritten will is more coveted as opposed to a typed will since it is  more difficult to refute a handwritten will. As per the Indian Succession Act of 1925, any individual who is of sound mind and who is not a minor is authorised to make a valid will. For further reference, the following points must be kept in mind to ensure that the will or the probate of a will is valid:

Unregistered Wills and their legality

Circular released by the Delhi Government

Transfer of property under an unregistered WILL:

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