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rock star   15 October 2026

How to find a registered will in tamil nadu after a property owner's death?

I have a land dispute with my neighbour in Tamil Nadu. Both sides filed cases in the Sub Court and Munsif Court in 2024, and the cases are currently at the trial stage. The petitioner in the Sub Court case died on 21 February 2026. We suspect that they may have written a Will in favour of another person regarding the disputed property. We visited the Sub-Registrar's Office with the death certificate to check whether a registered Will exists, but for over 20 days, we have not received a clear answer. My questions: 1. What is the exact procedure to check whether a registered Will exists and obtain a certified copy? 2. Can a third party involved in a property dispute apply for this search? 3. If the Will is unregistered, how can we find out whether it exists? 4. Can the death certificate be filed in court before obtaining a legal heir certificate? 5. What steps can we take if the deceased petitioner's legal heirs have not been brought on record?


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     15 October 2026

Under Section 57(2) of the Registration Act, 1908, details of Wills are kept confidential in Book 3 (Register of Wills) during the testator’s lifetime. After death, entries in Book 3 become accessible to third parties upon proof of death.

Submit a Manual Search Application for search/inspection of Book 3 under Section 57.. Attach certified copy of the original Death Certificate and also the requisite fee. A  search in Book 3 must be conducted manually by the Registering Officer unlioke online ECs for title search.

Do not wait for the other side. File a memo in both courts stating that the petitioner died on 21 February 2026, and attach the death certificate.

If no substitution application is filed by their LRs within 90 days, you can pray to the court to record that the suit/petition has abated.

If the deceased is a defendant/respondent in your suit, your side must file an application under Order 22 Rule 4 CPC to bring the known legal heirs (or suspected legatee under the alleged Will) on record as defendants, so your case does not abate.

If someone steps forward claiming to be an LR based on a Will, they must prove the execution and genuineness of the Will in court (under Section 68 of the Indian Evidence Act) before they can step into the shoes of the deceased petitioner.


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