Do Registered Wills Need to Be Proved in Court?

If you want to learn about the registration of a Will and whether a Registered Will is required to be proved or not in the court of law then you must read about the relevancy of the registration of a Will in India. So, let’s move ahead with understanding the nitty gritty of the Wills.

Introduction to Will 

Will is the intention of the testator which is in the form of a formal declaration with regards to the property which Will take into effect after the death of the testator. This process is known as the testamentary succession and these testamentary successions can only take effect with the help of a codicil or a Will.

Eligibility Criteria for Making a Will 

• Majority: Any person who has attained more than 18 years of age can make a Will.

• Soundness of mind: The person making the will must have a sound mind and be capable of understanding their actions.

Who can make a Will?

Section 57 of the Indian Succession Act states that the Will s can be made by Hindus, Jains, Sikhs and Buddhists though this act does not apply to the transfer of properties by Sikhs, Buddhists, Hindus and Mohammedans (which are not covered by the above section).

Essential Elements of a Will 

Property specification: the main purpose of drafting and making a Will is to specify the properties/assets that the testator wants to devolve upon their legal heirs after their death.

• Future Operation: A Will is only operative upon the death of the testator and it can never be operative immediately. If the intention of the Will is to take immediate then such Will is firmed as void.

• Testator’s competency: As we have already discussed the competency of the testator to make a Will. Apart from the competency of the testator, a Will should also follow the prescribed rules and regulations for the attestation and execution of the Will as provided under Section 63 of the Indian Succession Act.

What can be the Subject Matter of a Will?

• Movable Properties: As the name suggests these are the properties that can be moved either upon touch or they can be seen from the naked eye. Such as vehicles, jewelry and furniture.

• Immovable Properties: Immovable properties are the total opposite of movable properties. Such as homes, land or farms, etc.

• Deposits in Bank Accounts: As per the Reserve Bank of India a person while opening an account is required to provide a nominee to the bank.

• Jointly Owned Properties: If the testator holds a jointly-owned property they can also transfer their undivided share via a Will and such legal heir becomes part of the jointly-owned properties.

• Ancestral Properties: Ancestral properties are the properties of the ancestors of the family that pass from generation to generation and these properties can be transferred by way of a Will. Different jurisdictions specify different rules and regulations for ancestral properties and they are usually a part of the Will unless expressly prohibited by law.

Types of the Will 

• Privileged Wills: Privileged Wills are defined under Section 65 of the Indian Succession Act and are made by the individual that is made by soldier employed in the expedition, any airmen employed or engaged in the warfare, any mariner at sea who has attained the age of majority can dispose of the property via a Will.

• Unprivileged Wills: These Wills are the total opposite of Privileged Wills as these are made by normal persons in their usual course

Registration of the Wills 

Though the registration of the Will s is not a mandatory requirement it totally depends upon the whims of the testator as to whether they want to register the Will or not. Under the regulation act, a Will is registered in the sub-registrar office established by the state governments. A stamp duty is also payable along with the registration fees.

Whether the Registration of the Will Compulsory by Law?

No, as per Section 18(e) of the Registration Act 1908, the registration of the Will is not compulsory in order to make it valid and mere registration does not make a Will free from any speculations. Though registration is not mandatory by law it is always advised to get the Will registered as a Registered Will adds an additional layer of security and at the same it provides security to the testator if in case it gets lost, destroyed or tempered.

Apart from all these advantages it also provides evidence that all the parties are presented before the office of the sub-registrar and the testator possesses soundness of mind and is about 18 years of age.

Supreme Court judgment on unregistered will

In the case of Saroja v. Santhal Kumar (2010) the Supreme Court held that the Unregistered Wills are equally valid and stand on the same footing as that of the Registered Wills and the Unregistered Wills can be proved by forwarding evidence of execution and the due attestation of the Will.

Surinder par Sharma V Surjit Kaur (2019) the Supreme Court held that an Unregistered Will can be proved by providing the custody of the Will and evidence of possession by the testator. The court further held that the mere absence of registration does not make the Will invalid.

In a recent decision of Leela & Ors. V Muruganantham & Ors. 2025 INSC 10 the Supreme Court held that mere registration of a Will does not attach to it a stamp of validity and the Will is required and a Will is always required to be proved in terms of the legal mandates under the rules and provisions of Section 63 of the Indian Succession Act and Section 68 of the Evidence Act.

Advantages of the Unregistered Wills

• Economical: Unregistered Wills are not required to go through the process of creating a hole in the pocket of the testator.

• Confidentiality: Unregistered Wills can be kept confidential as the contents are not required to be disclosed upon

• Easier Revocation: It is easier for the Unregistered Wills to get easily revoked.

Disadvantages of the Unregistered Wills

• Difficult to Prove: Proving Unregistered Wills is a daunting task as compared to the Registered Wills.

• Unable to Enforce: Unregistered Wills are difficult to enforce in foreign jurisdictions.

• Likelihood of Disputes: Unregistered Wills are prone to disputes because proving such kinds of Wills is extremely difficult.

Summing up with the decision of the Apex Court of India it can be said that the registration of the Will is not required but it is always advisable to control all the above disadvantages to it. Now, let’s understand the advantages of registering a Will because it Will provide more clarity pertaining to the advantages of registering a Will.

What are the Advantages of Registering a Will?

• Enhancement in Credibility: The Registered Wills enjoy more credibility and acceptance by the leading financial institutions and government authorities. These Registered Wills carry more weight and they are also readily accepted by these above-mentioned authorities.

• Protects against loss of the Will: If the Will gets lost, tempered, stolen or misplaced for any reason an official copy of the same Will is always stored at the office of the sub-registrar.

• Authentic: Registered Wills are more authentic as compared to Unregistered Wills as they eliminate any doubts with regard to fraud, misrepresentation or coercion. A Registered Will holds more significance and weight as compared to the unregistered ones.

• Confidential: Registering a Will is always confidential and the Will can never be shared on the official desk of the authorities until and unless requested by the public authorities.

Are Registered Wills Required to be Proved?

Yes, Registered Wills are always required to be proved as Unregistered ones because both these Wills hold the same amount of validity in the eyes of the law. The contents of the Registered Wills are the same as that of the Unregistered Wills.

Is registration of Will not compulsory Supreme Court?

No, the Supreme Court of India has ruled that registering a will is not required. Nonetheless, filing a will can aid in avoiding disagreements and holding up the probate procedure. 

Conclusion

An Unregistered Will holds the same validity as a Registered Will but it is always advised that the Will should get registered. However, as per Section 18 (e) of the Registration Act, it is not a mandatory requirement to get the Will registered. It is always a myth that a Registered Will cannot be required to be proved but in reality, the Registered Wills are always required to be proved as the unregistered ones.

Frequently Asked Questions

Q1. Is it necessary to prove a Registered Will?

Ans 1. Yes, it is anyway necessary to prove the contents of the Registered Will.

Q2. What is the proof of the Unregistered Will?

Ans 2. An Unregistered Will can be proved by the evidence of possession and the custody of the Will.

Q 3. Can a Registered Will be challenged?

Ans 3. Yes, a Registered Will can be challenged at any time.

Q 4. How do you prove a Will is valid?

Ans 4. it is the sign of the testator or affixing their mark upon the Will which makes the process of proving Will.

Q5. Is Will valid if not registered?

Ans 5. Absolutely yes, it is not an essential requirement that a Will is to be registered.

Q6. How do you prove a Will is invalid?

Ans 6. If the signature or affixation of the Will  is not done in accordance with the requirements or if the date and place of the execution of the Will  are not done in accordance with the requirements

Q 7. What are the rules of Registered Will?

Ans 7. The rules of a Registered Will are that the testator must be 18 of age and the person should not be mentally challenged or visually or vocally impaired.

Q 8. Is handwritten Will valid in India?

Ans 8. Yes, a handwritten Will is valid in India until and unless it fulfills all the legal requirements.

Q9. How strong is a Registered Will?

Ans 9. Though the registration of the Will is not necessary a Registered Will provides strong evidence as to its validity.

Q 10. What is the disadvantage of a Registered Will?

Ans 10. The biggest disadvantage of a Registered Will is that revocation of the Registered Will becomes difficult.