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What is the difference between a registered will and unregistered will?

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What is the difference between a registered will and unregistered will?
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One of my relations is to prepare a will so that there is no dispute among the legal heirs. Some senior citizens say that prepare a will witnessed by two witnesses but lawyers tell that the will should be executed in the presence of the local registrar. What is the difference between a registered will and unregistered will?

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4 Responses to “What is the difference between a registered will and unregistered will?”

  1. Dev says:

    What is the rule/act no which states that registered will can only be substituted by registered will.

  2. Profile photo of Ashok Goyal Ashok Goyal says:

    @Subodh Kumar, Any Will can be revoked and/or substituted by the testator any number of times at his prevail. However, all subsequent wills should clearly state that ‘this is the last’ will prior to the date and at the time of the present instrument. The instrument of will can also be registered with the Sub-registrar of Assurances and then the registered will takes precedence over the unregistered will even though the same may have been drawn at a subsequent date and is stated to have revoked all previous wills. Because, a registered will can only be substituted by a registered will.

    Probate of will is a legal process in which the court of judicature certifies the authenticity of the will under their court seal and hands it back to the executor. Though it is not mandatory that every will should be probated, it is advisable to do so to ensure that the acts and deeds performed by the executor of the will cannot be challenged at a later date. Thus all actions taken by the executor acquire stamp of legality and can be defended in a court of Law. Courts will not entertain suits pertaining to wills unless the will in question has been probated.

  3. Subodh kumar says:

    Is is not necessary to probate a registered will?

  4. Profile photo of Ashok Goyal Ashok Goyal says:

    You have not mentioned as to under which personal law the individual, who wants to make a will, is covered. However as per Indian Law, any person can make a will in respect of his or her owned property through a registered or unregistered will. The only difference is that unregistered will can be challenged in court of law as some body else can come with a duplicate will and it will be difficult to prove that which will is original will. In case of registered will with stamp duty paid under the Indian Stamp Act it will be easy to get the property transferred without much hassle whereas in case of unregistered will the willed person/s will have to seek letter of probate from court of law and can be challenged easily.

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