I am a 50-year-old businessman and a practising Hindu, residing in Mumbai. I own two flats in Andheri and also have some savings in the bank. I want to ensure that my two children inherit these assets without disputes. I have already made a Will. Should I get it registered? Can I make changes to my Will later if I wish to?
–Name withheld on request
Yes, it is always advisable to get a Will registered, and the same can be changed or revoked later if the testator so desires.
A Will can be understood as a document through which a person known as the testator declares their intention regarding the division of their property after their death. Any person of sound mind, not being a minor, may dispose of their property by executing a Will. Under Section 18 of the Registration Act, 1908, the registration of a Will is entirely optional. Although an unregistered Will is valid, it is highly encouraged to get the same registered in order to avoid any disputes among the legal heirs in the future. Registration facilitates smoother administration of the estate and reduces the chances of confusion and quarrels.
A Will can be registered by submitting it to the sub-registrar’s office. After the execution of the Will, the testator or the authorized agent shall keep the Will in a sealed envelope and deposit it along with the envelope in the office of the district registrar and pay the prescribed fee. However, it is pertinent to note that even a registered Will can be challenged on various grounds, and such allegations are often mounted on the basis of the testator’s mental incapacity. Hence, it is a common practice for testators to get a certificate from a competent doctor evidencing that they are mentally fit to execute documents.
Further, Section 62 of the Indian Succession Act, 1925, provides for alteration and revocation of a Will. The contents of a registered Will can be changed or revoked either by applying to the Registrar on their own or through an authorised agent. The testator can choose to execute a fresh Will or alternatively amend the older one by executing a codicil to the registered Will. A codicil is an instrument made in relation to a Will. It may be executed to make changes, alterations, or additions, and is considered to form part of the Will.
Contrary to popular belief, a Will is not required to be registered. However, a testator may choose to register the will to make its contents airtight and minimize the scope for disputes or challenges.
Aditya Chopra is a managing partner, and Fatima Ali is an associate at The Victoriam Legalis (TVL).
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