What is a Will?
A Will is a legal document that contains detailed instructions regarding the delegation and use of the properties and assets that a person leaves behind after their death. A will can be changed at any time during the person’s lifetime and can be changed as many times as the person desires. It is only implemented after the person’s death.
Process For Will Registration in Delhi
STEP 1: Collect the following documents
- An original copy and a photocopy of the Will
- Identity Proof of the Beneficiaries
- Identity Proof of two witnesses
- Identity Proof of the executor
- 2 passport-size pictures of all beneficiaries, witnesses and executor
Additional Documents that may be required
- Death Certificate of the testator (deceased person)
- Ownership Proof of Testator (Title deed/shares certificate etc)
STEP 2: Book an appointment at the correct Tehsil with reference to the table below
STEP 3: Visit the Tehsil on the day and time of the appointment, submit the documents, and pay the fee of ₹600. Other than that there is no stamp duty to be paid.
FAQs
- What happens when a beneficiary doesn’t accept a Will? When a beneficiary doesn’t accept a Will, their refusal doesn't affect the Will's validity. If other beneficiaries agree to redistribute shares mutually, the executor can execute that. However, if a beneficiary refuses their part due to perceived injustice, the Will can be legally challenged in court to prove fraud or the testator's incapacity.
- Is registration of a will mandatory? No, the registration of a Will is not mandatory in Delhi. However, registering a Will adds credibility, and authenticity, and can make the probate process smoother. An unregistered Will is also legally valid but might be subject to more scrutiny during probate.
- Can a will be implemented earlier in case the testator is not in a state to make sound decisions regarding their property and assets? In Delhi, if the testator is incapacitated and unable to make decisions regarding their property and assets, other legal mechanisms like a Power of Attorney or a Trust might be more appropriate for managing their affairs. A Will comes into effect only after the testator's demise and cannot be implemented earlier due to incapacity. do
- What happens if the beneficiary dies before the registration of the will? If the will has alternative or backup beneficiaries listed for such situations, those individuals are typically entitled to receive the assets or inheritances originally designated for the deceased beneficiary. However, if the will doesn't specify what should happen in such a case, the assets might be distributed among other beneficiaries mentioned in the will, either following a mutual agreement or by they could follow legal guidelines set by Delhi's laws regarding inheritance in the absence of specific instructions.