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bkp1 (self employed)     04 December 2025

Is a medical certificate must for registration of will in maharashtra

I am a Senior Citizen, living in Pune, and would like to get my Will registered. The Registrar's office insists that the Will cannot be registered, unless it is accompanied with a Medical Certificate. Also the Medical Certificate must be dated the same date, as that on which Registration is being done. Is there such a legal, mandatory requirement? I am not able to find a written reference to this effect anywhere. If it is not mandatory, then how can the SRO insist on this? While getting a MC is the easiest thing to do, I  would also like to know, can this issue be taken up with higher authorities, so that the SRO does not exceed his jurisdiction and mak his own rules.



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     05 December 2025

If you are appearing in person before the SRO along with the witnesses to register the Will, the SRO should not insist on the medical certificate especially if you are able to answer certain questions he may ask to test your mental fitness/health.

You can ask him to give the reason in writing for rejecting the registration of the Will, if he fails to do so, you may approach the district registrar with an appeal and get your grievances redressed.

Advocate Bhartesh goyal (advocate)     05 December 2025

Sub Registrar can not insist you to submit medical certificate for registration of will, for registration of will testator and two witnesses and their identity proofs  are required.Medical certificate  is nowhere required even persons havings serious decease have right to register his will.you can approach higher authorities in this regard.

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     05 December 2025

1.  A medical certificate isn't mandatory for will registration but it is highly recommended to prove the testator had the mental capacity (sound mind) to execute the will, preventing future challanges to its validity.

2.   A certificate from the doctor attesting to the testator s mental fitness counters claim that the will was made under duress or while mentally unfit. A doctor can serve as one of the required witness.

kavksatyanarayana (subregistrar/supdt.(retired))     05 December 2025

The Sub Registrar cannot insist on a medical certificate to register the will.  You state in the Will that you, with a sound mind and without force, execute this Will.  If you present before the SR and can say the answers if he asks about the contents of the will, which is required as per the Registration Law.  If you request the SR to attend your residence to register the will then he can insist on the medical certificate.  If he creates problems in registering the Will, you can directly approach the District Registrar, apprising the matter against the SR.

Dr. J C Vashista (Advocate )     06 December 2025

Some one has misguided you regarding requirement of medical certificate for registration of a will, it is not at all required.

 

 

Kishor Mehta (CEO)     08 December 2025

Is a Medical Certificate (MC) a Legal, Mandatory Requirement for Will Registration?

​The short answer is: Legally, No;

Registration Act, 1908 (Section 18): Registration of a Will is optional, not compulsory. It is one of the very few documents where non-registration does not affect its validity. The Act does not prescribe a medical certificate as a necessary document for registration. 


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