Reg will for different properties - Unregistered

689 votes

Your unregistered Will is legally valid if it complies with the requirements of the Indian Succession Act, 1925—i.e., it is in writing, signed by you, and attested by at least two competent witnesses. There is no legal bar on a CA or a Homeopathic doctor acting as witnesses; they are competent witnesses. Registration of a Will is not mandatory, but it is strongly advisable. A registered Will carries higher evidentiary value, reduces the scope of disputes, and makes probate/administration smoother, especially when properties are in different cities.

Advocate Ajay Shukla LawRato

798 votes

Dear Mr. Aman, Your Will is legally valid even if unregistered, since law does not make registration compulsory.

Advocate Sumit Mishra LawRato

713 votes

Your Will can legally operate even if it is not registered, provided it satisfies the requirements of the Indian Succession Act, 1925. It must be signed by you and attested by two witnesses who have seen you sign. The witnesses being a CA and a Homeopath Doctor is perfectly valid, as long as they are not beneficiaries and are competent adults. Registration under the Registration Act, 1908 is optional, not mandatory. However, since you own multiple immovable properties in Noida and Ghaziabad, registration is advisable as it reduces chances of dispute, tampering, or challenge after your lifetime. Making separate Wills for real estate and bank assets is legally permissible but not recommended. It is safer to execute one consolidated Will clearly covering all movable and immovable assets, with a clause stating it supersedes all previous Wills. Appointing your wife as guardian for your minor son is legally sound. You may also consider naming an alternate guardian and clearly appointing an executor to ensure smooth administration. In summary, your Will can work as it stands, but consolidation and registration would strengthen its enforceability and reduce future complications.

Advocate Shayan Ahmed LawRato