Understanding the Differences between Notarised and Registered Will in India

Today, we're going to embark on an enlightening journey through the intricate labyrinth of legal parlance. Our aim? To demystify the often perplexing concepts of notarised and registered Wills in India. Fear not, we're going to strip away the jargon, replacing it with simple, relatable language.

You're probably wondering, why should you care about notarised or registered Wills? Well, if you have assets you'd like to distribute to your loved ones according to your wishes, understanding these terms is key. So, sit back, relax, and let's make sense of these crucial legal concepts together!

A Quick Rundown on Wills

Before we talk about notarised and registered Wills, it's essential to understand what a Will is.

• A Will, also known as a testament, is a legal document that communicates a person's wishes regarding the distribution of their property when they are no longer around to express their decisions.
• In India, a Will can be made by anyone above 21 years of age, irrespective of gender.
• It's always recommended to create a Will to avoid any future disputes among family members over property rights.

The Notarised Will: A Simplified Understanding

When we speak of notarisation in the legal world, we're talking about a process that adds an extra layer of validation to a document. Essentially, a notary public, an individual appointed by a government authority, confirms the authenticity of signatures and documents. Notarisation is like a seal of trust, indicating that the document has been signed willingly and is free from forgery.

What is a Notarised Will?

In layman's terms, a notarised Will is a Will that has been verified and stamped by a Notary Public, a person authorized to perform certain legal formalities.

Why Notarise a Will?

The significance of notarisation cannot be overstated. When a document, like a Will, is notarised, it means that a neutral third party (the notary public) has validated the identities of the parties involved and confirmed that they understand the document's contents and implications. This process of notarisation reduces the possibility of fraud and coercion, ensuring the parties involved are acting of their own free will. In the context of a Will, notarisation can prevent potential legal disputes in the future, providing peace of mind to the testator (the person making the Will) that their wishes will be honored.

Here’s why you should notarise a Will:

• Notarisation provides an extra layer of authenticity to the Will.
• It can help prevent legal disputes in the future.
• A notary ensures that the person making the Will is of sound mind and not under any duress or influence.

The Notarisation Process

1. The person making the Will (testator) signs the document in the presence of the notary.
2. The notary verifies the identity of the testator and their state of mind.
3. The notary stamps and signs the Will, making it a notarised Will.

The Registered Will: Decoding the Details

Now that we have a fair idea about notarised Wills, let's explore what a registered Will is.

What is a Registered Will?

A registered Will is one that is registered with the Registrar of Assurances. It is a voluntary process but holds significant importance.

Registration is another critical legal process, particularly when it comes to significant documents like a Will. In this process, the document is officially recorded and stored within a designated government office, known as the Registrar's office in India. This registration process is essentially a way of putting an official stamp of approval on a document, indicating that it meets all the necessary legal criteria.

Why Register a Will?

The importance of registration lies in its ability to provide a strong layer of legal protection to a document. For a Will, registration means that it is almost impossible to challenge the Will's authenticity, as it is safely stored and recorded within a government office. This process minimizes the risk of the Will being lost, damaged, or tampered with. Registration also offers an additional level of assurance that the testator's wishes are correctly documented and will be duly followed. It helps to avoid potential disagreements or disputes among heirs, ensuring a smoother transition of assets when the time comes. In essence, registration provides an additional peace of mind, knowing that the Will is legally sound and secure.

Here’s why you should register a Will:

• Registering a Will provides stronger legal evidence of the Will's validity.
• It makes it nearly impossible to challenge the authenticity of the Will.
• The Will is kept safe and secure in the registrar's office, reducing the risk of loss or damage.

The Registration Process

1. The testator or their authorized representative presents the Will to the registrar.
2. The registrar verifies the identity of the testator and witnesses.
3. Upon successful verification, the registrar stamps the Will indicating its registration.

Notarised Will vs. Registered Will: A Quick Comparison

Notarised Will

• Verified and stamped by a Notary Public
• Provides an extra layer of authenticity
• Notary verifies testator’s identity and state of mind
• Can be challenged in court

Registered Will

• Registered with the Registrar of Assurances
• Provides stronger legal evidence
• Registrar verifies the identity of the testator and witnesses
• Difficult to challenge in court

Key Takeaways

While both notarisation and registration add authenticity to a Will, they are not mandatory under Indian law. However, they are strongly recommended to avoid any future legal tussles among heirs.

Whether you opt for a notarised Will or a registered Will, it's crucial to consult with a legal expert to ensure your assets are distributed according to your wishes.

Still confused? Reach out to our team of legal experts at +91 80692 32888, drop a WhatsApp message on +91 87644 47848, or write to us at [email protected] to know more about Wills, notarisation, and registration.