Скачать или смотреть Whether Unregistered Will Valid and Enforceable??? क्या वसीयत की रजिस्ट्री कराना जरूरी होता है ???

Whether Unregistered Will Valid and Enforceable???

The Sec. 18 of the Registrations Act makes the registration of a will optional. That means that a will made at home and if meets the mandatory requirements of the same, would count as a perfectly valid will. Also the Supreme Court in Narain Singh v. Kamla Devi has held that by mere non-registration of the Will, an inference cannot be drawn against the genuineness of the Will.
Hence, Under the provisions of Section 18 of the Indian Registration Act, there is no stipulation which mandates that a will is required to be registered and registration of Will is Optional and hence there exists no question over the actual validity of an unregistered will since the same is valid and enflocable. Whether registered or unregistered as long as it resonates with all the points regarding the validity of a will. However, it is always advisable to register all wills since it is the proof and confirmation of the fact that the will is the last remaining will of the deceased. Furthermore, one need no pay any stamp duty over the registration of a will. Furthermore, any will which has been registered under the sub-registrar cannot be easily tampered with, wrecked, disfigured or stolen as the same is in the custody of the Sub-Registrar.
The document is then a living proof that the testator along with two other witnesses was present at the office of the registrar and thereby signed the same and gave the document effect of his own accord. It is to be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate.
An unregistered will is valid if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. The will has to be signed on each of the page by the Testator and the witnesses. The procedure has been kept very same to make a will and execute the same, but the validity of both an unregistered and registered will can be challenged in the court of law, it’s just that in the court of law the circumstances surrounding an unregistered will are more likely to be challenged.