Difference between registered will and unregistered will

A will is a document in which the executor mentions his/her wish how his/her property will be distributed and to whom after the executor's death. Many people have confusion about the registered and unregistered will. Read more to know the difference between registered will and unregistered will. Registered will  For registration of will you are not required to pay any stamp duty and the registration fees are nominal charges. If a person registers his will then the mutation process becomes much easier for the legal heir. Registered will is more valid under the eyes of court A registered will can not be easily challenged in the court. Unregistered will   An unregistered will is a will which is written by the will executor on the piece of paper and kept safely for the future use after the executor's death. An unregistered will is unclear as per the law. As there are many cases that come in court of fake will. It is very easy to challenge an unregistered will in court. This is the difference between registered will and unregistered will

A legal document known as a will gives a person the ability to specify what will happen to his moveable and immovable assets after his passing. The laws of inheritance, equity, and natural justice distribute a person's property among their legal heirs after death. In India, both registered and unregistered wills are legally valid, but there are some key differences between the two. Read on to get the registered will vs unregistered will in India difference.

Difference Between Registered and Unregistered Will

Here are the key differences between them.

Registered Will	Unregistered Will
It is created by the testator (the person making the will) and is registered with the local Sub-Registrar's office.	The testator writes it on a piece of paper and keeps it safe for future use after the testator's death.
A registered will has a higher evidentiary value in court. It is stronger evidence as it involves a formal registration process and is maintained by a government authority.	It has a lower evidentiary value in court compared to a registered will. It is easier to challenge an unregistered will in court.
Registered wills are harder to challenge in court, as they have undergone an official process.	It is less reliable as there are more cases of fake wills being presented in court.
The Sub-Registrar's office keeps the original copy of a registered will, making it less likely to be tampered with.	The safekeeping of an unregistered will is the responsibility of the testator or their trusted person. It is more prone to being lost or tampered with.
Witnesses are required during the registration process.	Even though witnesses are required, the absence of formal registration makes it easier to dispute the authenticity of the witnesses' signatures.

I hope you understand the difference between registered will and unregistered will.

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What is the Validity of Unregistered Will in India

If the Will is registered, it is in the safe custody of the Registering Authority. It can also be kept in the safe custody of a banker or a lawyer. In such a case a certified copy of the Will is submitted. If the Will is unregistered, attested copy of the Will is submitted.Unregistered wills are regarded as legitimate in India since registration of a will is optional. It is legally suggested to register a will but there is no mandatory requirement for the same. It is important to note that an unregistered will can be registered even after the death of the testator

As we all must be aware of, a will serves as the legal document with the help of which a property is divided after the property holder’s demise. When my grandfather died, there was a situation when we needed to know more about registered will vs unregistered will. While looking for answers to it on the internet, I stumbled upon Miss Charu’s answer about the differences between both. Apart from the difference I also wanted to know the

unregistered will validity and whether or not it is mandatory for a will to be registered. I did my research and found answers to these which I would like to share with you here.

Take the help of the legal experts of NoBroker in drafting or registration of your will or other property related documents without any hassle.

Unregistered Will Validity

1. There is no requirement that a will be registered under the provisions of Section 18 of the Indian Registration Act, so there is no debate about the confirmed validity of an unregistered will because it is valid regardless of its registration as long as it complies with all aspects of the will's validity.

2. However, it is always a good idea to register your will in order to avoid having the contents of your will challenged. 

3. A registered will, on the other hand, has its advantages. The party proposing a will has the burden of proof, and he must persuade the Court's conscience that the instrument is the Last Will of a free and capable testator.

4. Furthermore, there is an exemption for the registration of the will under section 23 read with section 27 of the Indian Registration Act, even after the obligatory four-year time has passed under the Indian Registration Act.

5. An unregistered will can also be registered at a later date even after the death of the testator. For this purpose, it is required to produce witnesses of the will, the death certificate of the testator, and the original will before the Sub Registrar. 

6. Even after the testator's death, an unregistered will can be registered at a later date.

Is will required to be registered?

No, even if the Will refers to immovable property, it is not necessary to register it. Section 18 of the Registration Act of 1908 makes registration optional. However, it is recommended that a WILL be registered because a registered WILL cannot be tampered with, disfigured, destroyed, or stolen. It is widely accepted as a legitimate will. A WILL must be written; a verbal WILL has no sanctity, legality, or authenticity in India. A WILL can be registered after it has been written. A document must normally be registered within four months following its execution.

Read More: What is a Will in Law? How to Execute a Will in India? What is Probate of a Will?