Is it necessary to register a will for it to be a valid document?

I am a 70-year-old retired service personnel living with my wife and two children (a daughter and a son). As of now, all of us enjoy cordial relations. I have, however, prepared a will on a 10 stamp paper attested by a notary. Is this will acceptable as a legal document or should it be registered separately?

—Ajay Kumar Gupta

As per your query, we understand that you are a Hindu. We are assuming that there is no right or interest of any other person in the property and that the same were held only by you. Also, we assume that your properties are self-earned and self- created.

The registration of a will is not mandatory in India. A will made on a non-judicial stamp paper is valid subject to the fact the will is attested by at least two witnesses.

However, registering a will with the sub-registrar is often recommended as it provides additional legal authenticity and helps prevent potential disputes or challenges regarding the will’s validity.

We will always suggest to make a will that covers each of the properties and assets owned by you. Further, you can also define to whom (desired beneficiaries) each of the properties or assets should be distributed and in which ratio it should be distributed.

Do ensure to provide proper description of the property, give details of the beneficiaries that are mentioned in the will with some kind of identification, do appoint the executor for the will and have the will witnessed by at least two witnesses. In case you are excluding a family member who ideally is an heir of your assets then it is prudent to describe why you would be excluding him.

However, do remember to update your will periodically to reflect changes in your assets, beneficiaries, or other circumstances.

To ensure that your will is legally valid and meets your specific circumstances, it’s advisable to consult with a qualified legal professional or a solicitor who specializes in wills and estate planning in your jurisdiction. They can provide personalized advice and guide you through the proper legal procedures based on your situation.

Neha Pathak is head–trust and estate planning, Motilal Oswal Private Wealth.