Registration/registration of Will is optional. The validity or invalidity of a Will does not depend on whether the Will was registered or not. You can register a Will at any time after the Will is prepared. There is no fixed time limit within which you have to register the Will.
Let’s have a look at the Vasiyat Registration Fees and process!
Table of Contents
What is the Vasiyat Registration fees in India?
A registered Vasiyat has more legal sanctity. If you plan to register your Vasiyat, you could take the help of a lawyer or a legal professional. You can even register it at the office of the local sub-registrar on your own. The testator (person making the Vasiyat) and two witnesses need to be present during its presentation.
There is no stamp duty payable on the registration of a Vasiyat. However, you may have to pay a nominal registration fee, which varies across states.
Also, it is not mandatory to appoint an executor; however, it does help to have one. The executor of a Vasiyat is the person whom you appoint to ensure that the directions in the Vasiyat are carried out as per your wishes. An executor can be any person who is not a beneficiary in the Vasiyat, or any trusted person such as a family friend, a lawyer, or a chartered accountant.
The Vasiyat Registration fees for different states are as followed
|Name of State
|Registration Fees ₹
|Jammu and Kashmir
Why Should you write a Vasiyat?
Not having a Vasiyat can lead to legal disputes between heirs. Furthermore, if a person wants her assets to be devolved as per her requirements and not as stipulated under the succession laws, then a Vasiyat can come in handy. Say, you want to bequeath some assets to your spouse, some other assets in different proportions among your children, make provision for your parents, and leave something for your friends and associates. Such requirements can only be met if clear instructions are left in a Vasiyat and it is properly executed.
Drafting a Vasiyat ensures that your assets, as well as liabilities, are distributed according to your requirements after your death.
When a person dies and does not have a Vasiyat, this is known as dying intestate. In such a scenario, the appropriate succession law, which is based on the deceased person’s religion, Vasiyat be applicable. Dying intestate can give rise to disputes among heirs. Worse, it can cause delays in the transfer of assets.
But Why Should you opt for Registration of your Vasiyat?
- It is easier to prove a Vasiyat- The Supreme Court said that under the Registration Act, it is not necessary that the Vasiyat be registered, but looking at the records and cases so far, it can be said that the possibility of proving the Vasiyat which has been registered increases. Therefore it is always advisable that although it is not necessary that the Vasiyat be registered, the Vasiyat should be registered.
- It can be easily found in losing a Vasiyat- If the Vasiyat is lost or mutilated or destroyed in any way, a certified copy or copy of the Vasiyat can be obtained from the office of the Sub-Registrar.
Where to register the Vasiyat?
The registration of the Vasiyat can be done either in the office of the Sub-registrar or it can be done in front of a notary. But as far as possible it would be better to register the Vasiyat with the sub-registrar because, in case of loss/destruction of the original Vasiyat, its certified copy can be removed from the sub-registrar’s office.
You have to register the Vasiyat with the district sub-registrar under whose jurisdiction the bulk of the property is located. The registration of any Vasiyat should be done in the office of the sub-registrar. In the office of the sub-registrar itself, we go to register other property-related documents like sale deeds, gift deeds.
When the testator is very ill or hospitalized and is therefore unable to attend the office of the sub-registrar, the sub-registrar can also be called on commission i.e. by calling the sub-registrar at home or in the hospital to register the Vasiyat. and a fee has to be deposited in the sub-registrar’s office for this.
What are the Documents Required for registration of Vasiyat?
- The person making the Vasiyat has to personally go to the Sub-registrar’s office with 2 passport size photographs.
- A Mental Fitness Certificate of the Testator from a Doctor.
- Original Signed Vasiyat.
- Two witnesses must also be present with their 2 photographs.
- Photo proof of the person who has made the Vasiyat.
- Photo proof of the two witnesses.
- Address Proof of the person who has made Vasiyat.
- Pan Card of Person making Vasiyat as well as of two Witnesses.
Are there any Cons of Registration of Vasiyat?
Registry of a Vasiyat has a risk that it may make things public, so section 42 of the Registration Act provides a way under which the testator can deposit the Vasiyat in a sealed cover with the registrar. When the testator dies, the beneficiary or other person can apply for the Vasiyat to be opened.
Writing a Vasiyat is a good idea regardless of how much money you have or how much debt you have. You should ideally write one to ensure a smooth transfer of your assets to the intended recipients. It is inexpensive, and you can edit or revise it as many times as you desire. Every new version can be registered, and the required registration price can be paid.