Will Under Indian Law - 2

 Kindly refer below link for previous part

https://adityalaw.blogspot.com/2024/04/will-under-indian-law-1.html

 

20. Procedure for Registering a Will - To register a Will, the testator or executor may take it to a Registrar or Sub-registrar. Under Section 40(11) of the Indian Registration Act, The Will given for registration can be withdrawn at any time and is not binding until the executor's death. In K.S.Reddy vs. M.S.Reddi, AIR 1943, Mad.332, 'A' left a Will for his minor widow 'B' on the day before his death. The Will was registered after being presented for registration by the father of 'B'. The Will registration was found to be valid.

 

21. Professional Witnesses cannot attest to a will as they are always present in the Sub-registrar's office hallways. A will must be witnessed by two or more individuals. This is an extremely critical criterion. The Indian Succession Act, 1925 requires the Will to be 'attested' by two or more witnesses. Attestation confirms that the testator signed the Will voluntarily in front of a witness. Witnesses should not be related to the testator or a beneficiary in the will.

 

22. Exemption of Testator: If a testator is unable to attend the Sub-registrar's Office due to illness or other justifiable reasons, they are exempt from registering their will. He might request a visit from the Sub-registrar to his residence or hospital by paying the necessary fee. The following individuals are excluded from attending the Office of the Sub-Registrar:
- Person in jail - Muslim pardhanashin lady - Person unable to appear before the Sub-registrar's Office due to physical disability.

 

23. Stamp duty and registration charges do not apply to wills. As a result, a will does not need to be written on stamp paper. The Indian Stamp Act does not require the use of wills. A will, therefore, can be written on a plain sheet of paper. The individual making the Will must sign it or leave his thumb impression. It is not necessary to sign every page of the paper, but it is recommended to avoid future disputes. However, registration charges differ per state.

 

24. Difference Between Executor and Administrator:-A testator appoints someone to carry out their wishes in their Will. The person appointed in the Will is referred to as the "Executor". If an executor is not specified in a Will, the Court must appoint a "Administrator" to carry out the Will's directions.

 

25. Significance of Will Registration:- Wills must be registered in the same manner as other papers and shall be registered, if the Registering Officer is satisfied.

that the testator executed the will or power.
that the testator has died; and
the person presenting the Will or authority is entitled to do so under Section 40.

 

The registration of a Will represents nothing more than what it claims to be. The registration of a document simply indicates that it was provided by the person entitled to do so and received due publicity as a result of the registration process, with the registering authority determining its execution. The larger questions about the disposing mind of the testator, the power of the testator to write a Will, or his competence are all subjects for consideration by relevant Courts, either in probate processes or in civil suit. Daulat Ram vs. Smt. Jai Dai, AIR 1965, Punj 378.

 

26. Deposit of Wills:-Under Sections 42 and 46, a person forming a Will may deposit it with any Registrar in a sealed cover superscribed with the testator's name, the name of his agent (if any), and a declaration of the nature of the instrument. The purpose of this section is clear: the provisions of the Will preserved in a sealed cover shall remain hidden during the testator's lifetime, but after his death, the terms of his Will shall be made public, and copies of the Will shall be available to the public. The deposit of a Will is not equivalent to registration. Abdul Razack vs. Amir, ILR 10, Cal. 976 (PC). When a testator who has deposited a sealed cover dies, anyone who is prepared and willing to pay the necessary copying and other fees may seek to have the sealed cover opened. It is not necessary for the applicant to be a claimant or executor under the Will. The Original Will must always be stored in the Registrar's office. However, when the court orders the Original Will to be produced, the Registrar should send the original.

 

27. Wills and Inheritance: The Indian Succession Act of 1925 applies to all Indian citizens except Hindus, Sikhs, Jains, Buddhists, and Mohammadans. However, the Act does apply in part to Hindus, Sikhs, Jains, and Buddhists, subject to the limitations outlined in Schedule II. Part VI of the Indian Succession Act, 1925, deals with wills. The provisions of Part VI, which apply to Hindus, Buddhists, Sikhs, and Jains, are listed in Schedule II of the Act. The requirements of the Indian Succession Act do not apply to Muslims.