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Real Estate Help

Ten reasons why you should get your Will registered in India

Introduction:

Will is a legal document so that in the absence of a particular person, the person mentioned in the Will owns all of his or her property. The person who executes the Will can withdraw or modify the document in his or her lifetime. Will is important because the document always acts as a record of the property left behind by the deceased. A well-planned Will helps avoid conflicts between heirs. A person may give his property by will to someone other than his heir. If anyone wants to register his or her Will, he/she will have to go to the sub-registrar office with witnesses. There are sub-registrar offices in different districts and you need to find out who will help to register the Will.

Registration of wills is optional. Whether you register your will is entirely up to you. However, there are several important aspects of will registration. They are discussed below:

  • Having no registered Will: Before death, it is your duty to leave the registered Will for the successor. No matter what your age, you need to make a Will to inherit your property, and to make sure it is registered. If you feel any conflict can occur in the future about property share, then you must keep your registered will.
  • Well drafted Will: You can prepare your own draft before registering the Will, or you can make it by a professional lawyer. A well-drafted registered Will can make sure your ancestor’s rights.    
  • Specific & detailed: Before registering, include specific and accurate descriptions of all your movable and immovable assets in the Will to Avoid Future Family Distress.
  • Record In sub-registry office: If you register your will, a copy of your Will will be kept in the sub-registry office for future protection and no one will be able to change your will in the future.
  • Will tampering: The most important aspect of the registered Will is that, if someone tampers the original Will and claims property rights then It is compared to a copy of the will kept at the Registrar’s Office.   
  • Lose the Will: If you register your Will, you will not have to face any big issue if the original Will is lost, as you will be able to collect a copy of the Will kept at the sub-registry office through some legal process.
  •  Appoint right executor: With a Will registration, you can appoint someone you like as an Executor who can later assist your chosen person in obtaining the property you have given. 
  • Rejection of Will: A normal Will may be rejected in the case of forcible, fraudulent or unlawful taking of property, but in case of a registered will, you never have to face this kind of issue. 
  • Safe Custody: A unregistered Will record is only available to you. But when you are getting registered your Will, its record will always be stored in the sub-registry Office which will protect your Will from any fraudulent. 
  • Disabilities & illness: If you are suffering from a disability or a terminal illness, it is advisable to make a Will and register it to ensure your next-generation financial security.  

Therefore, the importance of registering a Will cannot be avoided and it should be a duty of every person to make out a Will in a specific, detailed and in a transparent manner so that the beneficiaries can get the assets and properties both movable and immovable without going in for legal disputes or litigation. 

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