Note:
This is a sample draft for reference only. The actual format and procedure may vary by state. Applicants should verify the latest requirements on their respective State Registration Department's official website or consult a legal professional before submission.
**Sample PDF of the Application is attached at the end.
Purpose:
This application is filed when a Will executed by a deceased person (testator) was not registered during their lifetime and the beneficiary or legal heir now seeks to register it officially under Section 40 of the Registration Act, 1908.
Why It Is Needed:
Registering a Will after the testator's death provides authenticity, legal validity, and protection from disputes. It ensures that the Will is recognised by government authorities, banks, and courts during property transfer or succession proceedings.
Where to Submit:
The application should be submitted to the Sub-Registrar or District Registrar Office of the area where the property mentioned in the Will is situated. Applicants can find their local registration office on their respective State's Registration Department website (e.g., igrsup.gov.in, igrmaharashtra.gov.in, igr.kerala.gov.in, tnreginet.gov.in).
Documents Required:
- Original Will (if available)
- Death certificate of the testator
- Identity and address proof of the applicant
- Proof of relationship or beneficiary status
- Identity proof of attesting witnesses
- Passport-size photographs
- Proof of property mentioned in the Will
Important Points to Know:
- Registration after death is allowed only if witnesses confirm execution before the Sub-Registrar.
- The presence of at least one attesting witness is mandatory.
- The registering officer can refuse registration if the Will appears disputed or suspicious.
- Registration does not make a Will valid automatically — execution and genuineness must still be proven if challenged in court.
FAQs
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1. Can a Will be registered after the death of the testator?
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Yes, under Section 40 of the Registration Act, 1908, a Will can be registered after the testator's death.
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2. Who can apply for registration?
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A beneficiary, executor, or legal heir named in the Will.
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3. Is registration mandatory for a Will?
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No, but registration adds legal credibility and protection against forgery or tampering.
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4. Where should it be registered?
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At the Sub-Registrar's office where the property or major part of the property mentioned in the Will is located.
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5. Is the presence of witnesses necessary?
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Yes, at least one attesting witness must appear to confirm execution.
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6. What if witnesses are not alive?
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The applicant must produce proof of their death and other evidence to establish authenticity.
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7. Does late registration affect the Will's validity?
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No, if the Will was properly executed and genuine, late registration does not invalidate it.
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8. Is court probate required after registration?
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In some states (like Maharashtra, West Bengal, Tamil Nadu, etc.), probate is required if the property is in a notified area.
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9. Can the Sub-Registrar reject the application?
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Yes, if the Will appears disputed, incomplete, or suspicious in nature.
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10. What is the fee for registration?
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Usually a nominal registration fee, as Wills are exempt from heavy stamp duty under most state rules.
Downloads & Resources
Legal Affidavit Document
IN THE COURT OF THE SUB-REGISTRAR / DISTRICT REGISTRAR, ___
Case No. ___ of ___
IN THE MATTER OF:
Registration of the Will executed by Late Shri / Smt. ___ (deceased)
Applicant:
___,
Aged about ___ years,
___ Shri ___,
Residing at ___,
Beneficiary / Legal heir under the Will of Late Shri / Smt. ___
APPLICATION FOR REGISTRATION OF WILL AFTER DEATH OF TESTATOR
MOST RESPECTFULLY SHOWETH:
- That the testator, Late Shri / Smt. ___, resident of ___, executed his/her last Will dated ___ before attesting witnesses Shri ___ and Shri ___.
- That the said Will was duly signed by the testator in the presence of both witnesses, who also signed in the presence of the testator, fulfilling the requirements under Section 63 of the Indian Succession Act, 1925.
- That the testator expired on ___ at ___. The death certificate is annexed herewith as Annexure A.
- That the said Will was not registered during the lifetime of the testator. The applicant now seeks registration of the Will under Section 40 of the Registration Act, 1908, being a beneficiary/legal heir.
- That both attesting witnesses to the Will are alive and willing to appear before the Sub-Registrar for verification and attestation.
- That there is no dispute regarding the genuineness of the Will and the applicant undertakes to produce all required documents and witnesses.
- That this application is made bona fide and in accordance with law.
PRAYER
a) Register the Will executed by Late Shri / Smt. ___ dated ___ under Section 40 of the Registration Act, 1908; and
b) Pass such other or further orders as deemed fit in the interest of justice.
Place: ___
Date: ___
(Signature of the Applicant)
Name: ___
Address: ___
Phone: ___
Through Counsel:
Name: ___
Advocate
Chamber No. ___
___
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