BEFORE THE SUB REGISTRAR _________________
In the matter of registration of the will executed by Mr. _______________, son of ________________, resident of _____________________________.
Affidavit of Mr _____________________, aged about ___________ years, son of Shri _________________ resident of _______________ and Mr. _________________, aged about ______________ years, son of Shri _______________ resident of _______________________________.
We, the above-named deponents, do hereby solemnly affirm and state as under:
- That we, the deponents, are the witnesses to the execution of the will executed by ___________________ on _______________ and, as such, fully acquainted with the facts deposed to below.
- That the aforesaid testator ______________ executed his last will on ____________________ in our presence.
- That the testator was healthy and of sound mind at the time of execution of the will.
- That the testator executed his will on ______________ of his own free will.
- That the testator signed the will after reading and understanding its contents in our presence.
We, the above deponents, do hereby declare and verify that the contents of Para No. 1 to 5 are true to our knowledge and nothing material has been concealed; no part of it is false.
Verified at _____________ on this ______________ day of _______20____
DEPONENTS
When is this Affidavit used?
- When the death of the testator (the one who made the Will).
- When legal heirs or beneficiaries wish to register the Will to eliminate any chances of future disputes and increase the evidentiary value of the Will.
Why is it used?
- To confirm that the Will was executed voluntarily, that the testator was of sound mind, and that the act took place in the presence of witnesses.
- To give assurance regarding the genuineness of the Will.
- To provide an extra layer of protection against other interested heirs challenging it.
Who uses this?
- Witnesses to the Will (the two persons who signed the Will along with the testator).
- Sometimes legal heirs or executors are required by the Sub-Registrar.
Documents usually needed:
- Original Will of the deceased
- Affidavit of attesting witnesses (as in your draft)
- Application for registration
- Death Certificate of the testator
- Identity and address proofs of witnesses and applicants
- Passport-size photographs
- Sometimes a legal heir certificate (depending on state practice)
When is it done?
- After the Testator's death, when heirs/beneficiaries/witnesses apply for registration.
- It is usually done before presenting the Will to the Sub-Registrar.
Other Important Points:
- Registration of Will after death is not compulsory, but it adds strong evidentiary value in court disputes.
- In some areas, probate may be necessary (for example, Mumbai, Chennai, Kolkata, or any area notified under the Indian Succession Act.)
- Witnesses would have to appear before the Sub-Registrar to affirm their affidavit.
FAQs
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Q1. Will it be compulsory to register a Will upon death?
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No. A Will is valid even without registration. But registration reduces chances of dispute.
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Q2. Who can apply for the Will's registration after the deceased?
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Attesting witnesses, executor under the Will, or legal heirs.
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Q3. Which is the office that does the registration?
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Sub-Registrar's office where the death of the deceased occurred or where the property lies.
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Q4. What if the witnesses are not alive at the time of registration?
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In such instances, the affidavit cannot be furnished, and probate from the court would be needed.
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Q5. Can a Will be registered many years after the time of the testator's death?
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Yes, there is no time limit for a Will registration.
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Q6. What are the mandatory documents to be submitted?
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Original Will, death certificate of testator, identity proofs, photographs, and affidavit of witnesses.
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Q7. What is the difference between probate and registration?
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Probate is a court certificate declaring the validity of a Will, while registration is done with the Sub-Registrar for record-keeping and evidentiary strength.
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