Is an unregistered will valid in India?

[Anonymous]

My father had left a will which is unregistered. But, it was signed in presence of two witnesses. Is it valid and acceptable in law in India?

[Dr. Ashok Dhamija]

In India, it is not mandatory to register the will. Neither the Indian Succession Act, 1925 (wherein provisions relating to will are laid down) nor the Registration Act, 1908, makes it mandatory to register a will.

In fact, Section 18(e) of the Registration Act clearly says that registration of a will is optional. Therefore, an unregistered will is valid and lawful in India, provided other conditions as laid down in law are satisfied.

That said, if a will is registered (though it is optional), it gives extra legal evidence of its existence and genuineness. If registered, a copy of the will is retained with the Registrar office, which can then be used to prove the will, if needed.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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