Under Section 18 of the Registration Act, 1908, the registration of a Will is not mandatory. The Hon’ble Supreme Court, in Ishwardeo Narain Singh v. Kamta Devi, AIR 1954 SC 280, authoritatively held that the non-registration of a Will does not, by itself, cast any doubt upon its genuineness. The Court observed that the majority of Wills remain unregistered, and any presumption against the validity of a Will merely on the ground of non-registration is legally untenable.
Accordingly, it is incorrect to assume that the act of registration by itself confers any additional legal sanctity or conclusiveness on a Will. However, this raises an important question: Why should one consider registering a Will at all?
Registration: Not Mandatory, but Advisable
While it is true that a registered Will is neither immune from challenge nor automatically deemed genuine, registration can serve to strengthen the credibility of the testamentary document in certain circumstances. To fully understand the legal value of registration, one must consider the probate process and the burden of proof involved in establishing a Will’s validity.
A Will, by itself, does not constitute the final authority for the distribution of the estate of a deceased person. The executor named therein must initiate testamentary proceedings before a competent civil court, typically within two years of the testator’s demise. The petitioner is required to prove:
- The death of the testator;
- That the document presented is indeed the last Will and testament of the deceased;
- That it was duly executed and attested as per the applicable legal requirements;
- That the testator possessed testamentary capacity (soundness of mind) at the time of execution.
The court issues notices to all legal heirs and invites objections, if any, through both direct notice and public citation. Upon being satisfied on all aforementioned aspects, the court may issue a Probate or Letters of Administration, as the case may be.
The Evidentiary Value of a Registered Will
A Will can be contested on several grounds, such as:
- Lack of mental capacity at the time of execution;
- Undue influence or coercion;
- Forgery, tampering, or post-execution alterations.
In such cases, the burden of proof lies on the propounder of the Will. A registered Will significantly bolsters the case of the propounder by serving as strong prima facie evidence that the testator acted voluntarily, possessed the requisite mental capacity, and was aware of the document’s contents.
Further, the act of appearing before a Sub-Registrar to register the Will offers an added layer of authentication. A registered Will is stored in official records, thereby reducing the risk of destruction, tampering, or suppression by interested parties.
Registered Codicils and Legal Continuity
It is also pertinent to note that in the case of a registered Will, any subsequent codicil—i.e., an instrument that explains, modifies, or revokes provisions of the original Will—must also be registered to retain legal enforceability. Unregistered modifications to a registered Will are generally not recognized in court and may be declared void. Similarly, an unregistered revocation of a registered Will is not accepted as valid legal evidence.
Consequences of Probate Denial
Should the court refuse to grant probate on valid legal grounds—such as the Will being proven fraudulent or improperly executed—the estate shall then be distributed according to the last valid Will, if any exists. In the absence of a previous valid Will, the estate will devolve in accordance with the rules of intestate succession, as per the applicable personal law of the deceased.
Conclusion
Although registration of a Will is not legally mandatory, it offers a robust evidentiary foundation that can simplify the probate process and reduce the risk of future disputes. By registering a Will, the testator adds an additional layer of credibility, clarity, and security to the testamentary process—providing assurance to beneficiaries and minimizing legal hurdles.
Disclaimer: The content on this page is generic and shared only for informational and explanatory purposes. The article should not be construed as solicitation material. It is based on industry experience and several secondary sources on the internet; and is subject to changes. Please consult your financial advisor/legal advisor before making any financial decision.
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