Is it essential to register a will for it to be a legitimate doc?

—Ajay Kumar Gupta

As per your question, we perceive that you’re is a Hindu. We’re assuming that there is no such thing as a proper or curiosity of some other individual within the property and that the identical had been held solely by you. Additionally, we assume that your properties are self-earned and self- created.

The registration of a will shouldn’t be obligatory in India. A will made on a non-judicial stamp paper is legitimate topic to the very fact the need is attested by a minimum of two witnesses.

Nevertheless, registering a will with the sub-registrar is commonly advisable because it offers extra authorized authenticity and helps forestall potential disputes or challenges relating to the need’s validity.

We’ll all the time counsel to make a will that covers every of the properties and belongings owned by you. Additional, you too can outline to whom (desired beneficiaries) every of the properties or belongings needs to be distributed and during which ratio it needs to be distributed.

Do guarantee to offer correct description of the property, give particulars of the beneficiaries which can be talked about within the will with some form of identification, do appoint the executor for the need and have the need witnessed by a minimum of two witnesses. In case you might be excluding a member of the family who ideally is an inheritor of your belongings then it’s prudent to explain why you’ll be excluding him.

Nevertheless, do keep in mind to replace your will periodically to mirror modifications in your belongings, beneficiaries, or different circumstances.

To make sure that your will is legally legitimate and meets your particular circumstances, it’s advisable to seek the advice of with a certified authorized skilled or a solicitor who focuses on wills and property planning in your jurisdiction. They will present customized recommendation and information you thru the right authorized procedures primarily based in your state of affairs.

Neha Pathak is head–belief and property planning, Motilal Oswal Personal Wealth.

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Up to date: 31 Oct 2023, 09:19 PM IST