Can a Will be registered after the demise of the testator?

  1. Will can be registered after the testator’s death.
  2. Before the Sub Registrar, the party making a claim under the Will must present the Will, documents pertaining to the testator’s death, the witness, and the scribe.
  3. Before the Sub-Registrar, an affidavit stating that the testator had signed the Will in our presence and was in good physical and mental health at the time of execution must be submitted by two attesting witnesses. Additionally, the testator executed the will voluntarily.
  4. If Sub Registrar is satisfied with the truth and genuineness of the execution of the Will, he will register.

Who can be the witnesses in the Will?

Witnesses can be anybody (sound mind and adult), but they must not be in blood relation to the beneficiaries.

Can Will witness be in Blood relation?

No, the witness of the Will should not be in blood relations. It would lead to suspicious circumstances as it would be assumed that the witnesses are going to support the Will in any given circumstances.

Can a registered will be challenged in a court of law?

Yes, if the same is challenged in the court, then it needs to be testified by the attesting witnesses

If the testator excludes a legal heir from the Will, can the excluded legal heirs challenge the Will?

Yes, the Will can be challenged by the excluded heir.

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