Will for Flat Registration After Death

Disclaimer:
This Will template and explanatory note are only a sample for general guidance and drafting reference. Property transfer rules and documentation may vary based on specific authority, region, or facts.

Purpose Of This Will

This Will assigns who gets the flat after your death and authorises the beneficiary to register, mutate, update society records, and legally take over possession.
It prevents common fights like:

• Who will the society transfer it to?
• Who will pay the maintenance arrears?
• Which heir gets the keys?
• Who has authority to appear before the Development Authority?

When Should A Person Make This Will

• Buys a new flat.
• Converts allotment-to-ownership from a development authority.
• Is the single owner and wants one clear nominee/beneficiary.
• Has multiple heirs but wants zero ambiguity.
• Has declining health or wants to settle matters early.
• Wants to avoid society-transfer disputes.

Stamp Duty, Registration and Legal Formalities

(Information in line with government guidance from govt.in / nic.in portals.)

• Stamp duty: NOT required for a Will.
• Registration: Optional, not compulsory.
• Unregistered Will is fully valid if properly signed and witnessed.
• Registration only adds evidentiary strength.

Example:
A typed Will at home + 2 witnesses → valid.
A registered Will at Sub-Registrar → valid and higher protection.
No court filing while the testator is alive.

If Someone Wants To Make This Will Without an Advocate

Do This:

• Clearly describe the flat (project name, flat no., carpet area, boundaries).
• Use two independent witnesses who are not beneficiaries.
• Sign every page.
• Keep the Will dated, original, and safely stored.
• Inform the executor/beneficiary where the Will is kept.
• Use simple, direct language—courts dislike poetic suspense.

Do Not Do This:

• Do not let the beneficiary act as a witness.
• Do not leave blank spaces.
• Do not use white ink, corrections, or pencil.
• Do not create multiple contradictory versions.
• Do not rely only on the society nominee.
• Do not hide the Will so well that nobody finds it.

Will Validity in Court

• Courts accept an unregistered Will if witnesses and signatures are proper.
• For flats in certain metropolitan areas, probate may be required after death before using the Will for registration.
• Development Authorities/Housing Societies usually transfer the flat on the basis of: Death Certificate, Will, Probate (if required).

A clear Will = less time arguing, more time moving furniture.

Other Important Points

• Last dated Will overrides all earlier Wills.
• Testator can change or cancel anytime.
• Use witnesses who can be traced later.
• Keep copies with the executor or trusted person.
• Attach layout or floor plan (optional).
• If the flat is under loan, the beneficiary must clear the remaining EMIs.

FAQs — Will For Flat Registration

1. Can a flat be transferred through a Will?

Yes. A Will is the correct method for post-death flat transfer.

2. Does the beneficiary automatically become the owner?

Yes, after the testator's death and registration/mutation steps.

3. Is registration of the Will mandatory?

No. Optional.

4. Can I bequeath a flat that is still under construction?

Yes. Mention the project name, unit number, and allotment details.

5. Can I bequeath a jointly owned flat?

Yes, but only your own share.

6. Can a society deny transfer even if Will is clear?

They must follow lawful procedure. Sometimes probate may be needed.

7. Can I change the Will later?

Yes. Anytime.

8. Who should NOT be a witness?

Beneficiary, family dependent, or anyone receiving benefit.

9. Does a nominee override the Will?

No. The nominee is only a caretaker.

10. If the testator becomes very old or ill, is the Will still valid?

Yes, if made in a sound mental state and witnessed properly.