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Indian Kanoon-Validity of an unregistered will-अपंजीकृत विल की वैधता-LawRato

http://lawrato.com is an interactive online platform that makes it faster and easier to find and hire the best Lawyers in any city/court in India. A man rules from his grave as regards to the devolution of his property after his death. A will is the intention of the person (testator) and his plans of what he wants to do with the property which he had acquired throughout his life. A will is the intention of a person for the time being as to who his successor would be. The Sec. 18 of the Registrations Act makes the registration of a will optional. That means that a will made at home and if meets the mandatory requirements of the same, would count as a perfectly valid will. Also the Supreme Court in Narain Singh v. Kamla Devi has held that by mere non-registration of the Will, an inference cannot be drawn against the genuineness of the Will. However it is always advisable to register a will as it provides strong legal evidence about the validity of the Will. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen. The document is then a living proof that the testator along with two other witnesses was present at the office of the registrar and thereby signed the same and gave the document effect of his own accord. It is to be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate. An unregistered will is valid if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. The will has to be signed on each of the page by the Testator and the witnesses. The procedure has been kept very same to make a will and execute the same, but the validity of both an unregistered and registered will can be challenged in the court of law, it’s just that in the court of law the circumstances surrounding an unregistered will are more likely to be challenged. Since a testamentary disposition always speaks from the grave of the testator, the required standard of proof is very high. The initial burden of proof is always on the person who propounds the Will. Advocate Anuj Aggarwal can be consulted for further information at https://goo.gl/DGkpVH or by calling at +91-9599000555.