Will Deed

A Will Deed, also simply called a Will, is a legal document that allows a person (the testator) to specify how their assets (property, money, belongings) should be distributed after their death. It provides a clear set of instructions for the executor (the person appointed to carry out the will's instructions) to follow. In Delhi, as in the rest of India, Wills are governed by the Indian Succession Act, 1925. This act lays down the rules for making a valid Will and its execution.

Key Features of a Will Deed:

• Testator: The person making the Will must be of sound mind and not a minor. They must make the Will voluntarily and without any coercion or undue influence.

• Beneficiaries: The persons or entities who will receive the assets as per the Will.

• Executor: The person appointed by the testator to administer the estate and ensure the instructions in the Will are followed.

• Assets: A clear description of the properties and assets that the testator wants to distribute.

• Distribution Plan: Explicit instructions on how each asset should be distributed among the beneficiaries.

• Signature of the Testator: The testator must sign the Will in the presence of two or more witnesses.

• Attestation by Witnesses: The two or more witnesses must also sign the Will in the presence of the testator. They do not need to know the contents of the Will.

• No Compulsory Registration: In India, including Delhi, the registration of a Will is not compulsory. However, it is highly advisable for several reasons.

Why Register a Will in Delhi?

While not mandatory, registering a Will at the Office of the Sub-Registrar in Delhi offers several advantages:

• Increased Authenticity: A registered Will is more difficult to challenge as it provides official record of its execution in the presence of a government official.

• Reduced Chances of Fraud or Forgery: The process of registration involves verification of the testator's identity, reducing the likelihood of fraudulent activities.

• Easier Probate Process: Although probate (the legal process of validating a Will) is required for Wills made in Delhi concerning immovable property within Delhi, a registered Will can often streamline this process as its authenticity is less likely to be questioned.

• Public Record: Registration creates a public record of the Will, making it easier to locate after the testator's demise.

Procedure for Registering a Will in Delhi:

If you choose to register your Will in Delhi, the process generally involves the following steps:

• Drafting the Will: Prepare the Will clearly stating your intentions regarding the distribution of your assets. It's advisable to seek the help of a lawyer to ensure the Will is legally sound and unambiguous. Online deed writing services might also be available through the Delhi Online Registration Information System (DORIS) portal, but legal advice is still recommended.

• Stamp Duty: There is no stamp duty payable on the registration of a Will in Delhi.

• Registration Fee: A nominal registration fee is payable at the Sub-Registrar's office. The registration fee for a Will in Delhi is ₹1000, along with a ₹100 pasting fee.

• Appointment: Schedule an appointment to visit the Sub-Registrar's office through the DORIS portal (https://doris.delhigovt.nic.in/). All Sub-Registrar offices in Delhi have now migrated to the National Generic Document Registration System (NGDRS) portal, so ensure you are using the correct platform for appointments if DORIS redirects you.

• Visit to the Sub-Registrar's Office: On the appointed date and time, the testator and two witnesses must be present at the Sub-Registrar's office. They should carry their original identification proofs (Aadhar card, PAN card, passport, etc.) and passport-sized photographs. The executor is not required to be present at the time of registration.

• Presentation of the Will: The testator will present the Will to the Sub-Registrar.

• Verification and Signing: The Sub-Registrar will verify the identities of the testator and the witnesses. The testator and the witnesses will sign the Will in the presence of the Sub-Registrar.

• Registration: The Sub-Registrar will register the Will and provide a receipt. The original Will is usually returned to the testator in a sealed cover. A copy is retained in the Sub-Registrar's records.

Important Consideration for Will in Delhi:

• Sound Mind: The testator must be in a sound state of mind at the time of making the Will.

• Voluntary Execution: The Will must be made voluntarily, without any coercion, fraud, or undue influence.

• Clear Language: The language of the Will should be clear and unambiguous to avoid any future disputes.

• Attestation: Proper attestation by two witnesses is crucial for the validity of the Will. The witnesses must have seen the testator sign the Will and must sign it in the testator's presence.

• No Need for Beneficiary Presence: The beneficiaries do not need to be present during the execution or registration of the Will.

• Probate: For Wills made in Delhi concerning immovable property located in Delhi, probate is generally required after the testator's death to establish the legal validity of the Will and the executor's authority to administer the estate.

• Revocation/Amendment: A testator can revoke or amend their Will at any time during their lifetime by making a new Will or by executing a Codicil (an amendment to an existing Will). The revocation or Codicil should also be registered for added authenticity.

While registration of a Will is not legally mandated in Delhi, the benefits it offers in terms of authenticity and reducing potential disputes make it a highly recommended practice. Consulting a lawyer is essential to ensure your Will is legally sound and your wishes are clearly documented.

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