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Ajai Prabhu   20 September 2023

Will to be registered?

My brother in law passed away in april 2023 and there was a WILL prepared by him. Now there is some gold loan in a nationalised bank and to get it transferred to my sister's name Bank says the WILL needs to be registered, which it is not.

Is there a law that WILL needs to be registered? If yes, can we do the same now? If there's no need to register how can we proceed to get this accepted by the Bank.

 



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 3 Replies

Real Soul.... (LEGAL)     20 September 2023

The law governing the Wills in India is The Indian Succession Act, 1925 (ISA) and under section 18 of Registration Act the will need no registration ; 18. Documents of which registration is optional.—Any of the following documents may be registered under this Act, namely:— (a) Instruments (other than instruments of gift and wills) which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less then one hundred rupees, to or in immovable property; (b) instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; (c) leases of immovable property for any term not exceeding one year, and leases exempted under section 17; 6 [(cc) instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, 9 whether in present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property;] (d) instruments (other than wills) which purport or operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable property; (e) wills; and (f) all other documents not required by section 17 to be registered

T. Kalaiselvan, Advocate (Advocate)     20 September 2023

A will can be registered after the death of the person making the will.

A will can only be registered if it has been duly signed by the testator and attested by both witnesses.

A will registration that has previously been signed by both parties and witnessed might be recorded even after the testator has passed away.

Before the sub-registrar office, claimants must provide an original copy of the testator's will along with the testator's death certificate, and witnesses must also be present.

Ajai Prabhu   25 September 2023

Thank you Real Soul.... & Kalaiselvan sir.


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