FAQ’s on Will

Frequently Asked Questions

 On

Will

-      By Adv. R. P. Rathod.

Advocate High Court, Mumbai.

Q.1.	What is a will?
Ans	A testamentary document by which a person bequeaths his property to be effective on his death is a will. The property will devolve on the person in whose favour it is bequeathed after death of testator.
Q.2.	Who can execute a will?
Ans	a)    Any person above the age of 18 years and mentally sound may execute will, but will cause by fraud or coercion or by importunately will not be valid. Therefore a will must be executed voluntarily. b)    Parents or guardians cannot execute will on behalf of minors or lunatics. c)     Attestation by minimum two witnesses is necessary. d)    Scribe (deed writer/ advocate) cannot be called witness. Two independent attesting witnesses other than the scribe or necessary. e)    Beneficiary under a will should not sign as attesting witness. In order to avoid disputes in implementation of a will, description of property and the beneficiaries should be clearly be written without giving room for any doubt.
Q.3.	Is it compulsory to register a will?
Ans	It is not compulsory to register. Executants may register at his option. It is better to register the will. If original is lost a certified copy can be obtained from Sub-Registrar Office.
Q.4.	Where can the will be registered?
Ans	It can be registered in any office of the Sub Registrar in India
Q.5.	Is there any time limit to register a will?
Ans	There is no such time limit
Q.6.	Can a will be cancelled?
Ans	The testator can cancel his will at anytime during his lifetime.
Q.7.	Can a registered will be rectified or changed?
Ans	If executant of a will wishes to rectify, add to will may do so during his lifetime. This is called codicil. This document does not require stamp duty.
Q.8.	Can a will be registered even after death of testator?
Ans	Yes, claiming party under the will have to produce will, records relating to the death of the testator, witness and the scribe before the Sub Registrar. If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register.
Q.9.	What is the Stamp duty and Registration fee to register a will?
Ans	There is no Stamp duty on will deed. For Registration of Will Rs.100/- Registration fee prescribed.
Q.10.	Is the certified copy of a registered will available to   anybody?
Ans	A certified copy of a registered will is available to the testator only during his lifetime. After his death anybody can obtain after producing proof of death of testator.
Q.11.	How to keep contents of a will confidential?
Ans	Will can be deposited in a sealed cover in office of the District Registrar.
Q.12.	What is the procedure to obtain the sealed cover containing a will after the death of the depositor?
Ans	On making an application along with proof of the death of the depositor, District Registrar will open sealed cover in the presence of the applicant and it will be registered. Certified copy will be issued if desired.

-      Adv. R. P. Rathod.

Advocate High Court, Mumbai.