Write notes on the following: Registration of a Will is not mandatory.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2019
Write notes on the following: Registration of a Will is not mandatory.
Answer & Explanation:
A Will is a legal declaration of the intention of a person (testator) with respect to his property or estate, which he desires to take effect after his death. Registration of Will is not mandatory even if it comprises of immovable property. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908. It is optional under Section 18(c) Registration Act, 1908. However a registered Will has certain advantages. According to section 18 (e) it is the testator's choice as to whether he wishes to register it. There is no stamp duty payable. But if one chooses to register a Will with the applicable registrar/sub-registrar of assurances, the registration provides evidence that the proper parties had appeared before the registering officer and the latter had attested the same after ascertaining their identity. Once a Will is registered, it is placed in the safe custody of the Registrar and cannot be tampered with, destroyed, mutilated or stolen. However, non-registration of a Will does not lead to any inference against its genuineness. It doesn't have to be executed before a notary public. Any testator may, either personally or by duly authorized agent deposit with any Registrar his Will in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document as per Section 42 of Registration Act, 1908. The testator, or after his death any person claiming as executor or otherwise under a Will, may present it to any Registrar or Sub-Registrar for registration under section 40 of the Registration Act, 1908.
Topics: Succession Law / Registration Law
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