How can I verify if a will is registered and check for its available copy online, or how to confirm
08-Jul-2024 (In Wills / Trusts Law)
Ask the Sub'Registrar where the will was deposited and obtain a certified copy (Registration Act, s.57) to compare page'for'page with your friend's copy [https://indiankanoon.org/doc/9115/]; registration entries and certificate of registration are governed by the Registration Act (see s.60 and s.27 on presentation/deposit of wills) [https://www.indiacode.nic.in/handle/123456789/18876]; note that registration gives a rebuttable presumption of genuineness but does not automatically prove valid execution -execution and attestation must comply with the Indian Succession Act, s.63 (and Section 68 principles of proof), as explained by the Supreme Court in Bhagat Ram v. Suresh [https://indiankanoon.org/doc/1645305/] and the presumption on registered documents was discussed in Prem Singh v. Birbal [https://indiankanoon.org/doc/1944891/]. Some States publish registered documents online, but availability varies so also check the local e'registration portal or the Sub'Registrar office (example: state e'portals/pilots). If the testator is alive he may revoke or alter the will by executing a fresh will or a codicil in the manner required by the Indian Succession Act (revocation/alteration provisions, ss.70'71) and it is advisable to register any subsequent will/codicil to avoid confusion [https://indiankanoon.org/doc/1450343/] and to file the new/altered instrument with the Sub'Registrar (Registration Act procedures).
Can You Check a Will's Registration Status Online?
- Wills are private documents, and their contents cannot be viewed online unless disclosed by the executor or through legal proceedings.
2. Registration Verification (If Applicable)
- Some jurisdictions (e.g., India's Sub-Registrar offices) allow you to check if a will was registered by searching the registration database (often by name, date, or property details).
- The will's contents remain confidential, but you may confirm its existence and obtain a registration number.
3. How to Verify Registration
- Visit the Sub-Registrar Office (where the will was registered) or check the state?s online land/registration portal (e.g., IGRS for some Indian states).
- Provide details like the testator?s name, registration date, or property details (if linked to the will).
- Certified copies require legal authority (e.g., being an executor/heir with court approval).
4. After Death: Probate Searches
- If the testator has died, check court records (probate/letters of administration) to see if the will was submitted. Some courts offer online case status searches.
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