What is the Validity of an Unregistered Will? अपंजीकृत वसीयत की कानूनी वैधता क्या है? I غیر رجسٹرڈ وصیت کی قانونی حیثیت کیا ہے؟

 An Unregistered will is a Will written by the Testator on a piece of paper and kept for future use, so that it can be executed after the death of the Testator.

Before knowing whether an unregistered will is valid or not, let us know what is a will in common language? 

👉According to the Indian Succession Act of 1925 , any person who is of sound mind and who is not a minor is authorized to make a valid will.

👉A Will is a document written by a living person expressing his wishes to be executed after his death.

👉It is a document that declares the distribution of property, shares and liabilities of a deceased person as per his/her last wishes.

👉A Will is a document written by a person who is called testator, to specify how his/her property and wealth should be distributed after his/her death.

👉In a Will , a person records his/her decision about the distribution of his/her property and wealth among his/her family , and takes effect after the testator’s death.

 

Should a will be written on Stamp Paper? 

A will has to be written , and an oral will has no sanctity, validity or authenticity, and can be registered from the registrar's office even after it is written.

Legally there is no prescribed format of a Will, and it can be either handwritten or typed on any paper, and it does not need to be written on stamp paper, and a Will can be made or changed or cancelled at any stage of life till the end of life.

 

Is there a time limit for registration of a Will? 

According to the Registration Act, 1908 a document must be registered within 4 months of its execution, but section 23 read with section 27 of the Indian Registration Act allows registration of a Will after the execution of a Will without any time limit.

 

Is registration of a Will necessary?

Under the provisions of section 18 of the Indian Registration Act, there is no condition which makes it mandatory to register a Will and also it is not mentioned that an unregistered Will is invalid.

     However, it is always advisable to get a Will registered at the Registrar's office, so that it cannot be challenged after the death of the testator, and for the reason that a Will that is registered cannot be easily tampered with, altered or evasion, as a copy of the registered will is kept in the records of the sub-registrar.


When an Unregistered is Will valid? 

An Unregistered Will is valid if the following conditions are met:

A Will must be executed by the testator(s) or by someone in the presence of the testator and under his instructions

If it is not possible for the testator to sign the Will then he may affix his thumb impression.

The signature must be placed in such a manner as to make it appear that it was made to give effect to the Will

The Will must be signed by the testator in the presence of at least two witnesses.

The witnesses should not be the beneficiaries of the Will.

 Conclusions:

The Supreme Court, in the case of Ishwardeo Narain Singh versus Smt. Kamta Devi and Ors. (AIR 1954 SC 280)& (1953 (1) BLJR 690), held that non-registration of the will cannot be held as a reason for the invalidity of the Will.

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