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What is the legality of unregistered will
31-Aug-2023 (In Wills / Trusts Law)
Does a will stand after the death of testator and executor? If the will is unregistered.
The primary aspect of a “will” to be legally valid is 2 persons attesting witness to the will when the testator signs in their presence. When only one person has signed as witness then it is not a valid will. Will need not be registered. A will which is not registered is valid if it is signed by two attesting witnesses.
Under section 18 of the Registration Act the registration of a Will is not compulsory. Also, the Hon’ble Supreme Court in Narain Singh v. Kamla Devi has held that mere non-registration of the Will an inference cannot be drawn against the genuines of the Will. However it is advisable to register it as it provides strong legal evidence about the validity of the Will. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen. It is to be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate.
Under section 18 of the Registration Act the registration of a Will is not compulsory. Also, the Hon’ble Supreme Court in Narain Singh v. Kamla Devi has held that mere non-registration of the Will an inference cannot be drawn against the genuines of the Will. However it is advisable to register it as it provides strong legal evidence about the validity of the Will. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen. It is to be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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