Estate planning · Will
Registered vs unregistered Will: what's safer
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Facts
Registration of a Will is not mandatory but strongly advisable. An unregistered Will is equally valid if properly witnessed, but is easier to forge, challenge, or suppress. A registered Will is a public record at the Sub-Registrar's office, cannot be secretly altered, and is harder to challenge in court.
Provisions and law
- Registration Act 1908, Sec 17 | Indian Succession Act 1925, Sec 63
Analysis
Cost of registration: ₹200 stamp duty + Sub-Registrar fee (varies by state, typically ₹100-₹500). Both witnesses must be present at registration.
Conclusion
- Draft the Will on plain paper (no stamp paper required)
- Testator + 2 witnesses visit Sub-Registrar office together
- Original documents: Aadhaar, PAN, 2 passport photos
- Pay ₹200 stamp duty + registration fee
- Sub-Registrar reads, testator acknowledges, all sign in register
- Registered copy kept at Sub-Registrar, cannot be destroyed
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