Drafting & Registration of Will

The drafting and registration of a will under Indian law are essential for ensuring that a person’s assets are distributed according to their wishes after death. A will, under the Indian Succession Act, 1925, must be written voluntarily by a person (testator) who is of sound mind and not under duress or coercion. The will should clearly state the distribution of the testator's property, appoint an executor, and be signed by the testator in the presence of two witnesses. While registration of a will is not mandatory, it is recommended for added legal validity and to prevent disputes. If registered, the will must be executed in the presence of a Sub-Registrar at the local Registrar’s office. Registration provides an additional layer of authenticity and serves as evidence in case of challenges.

The Transfer of Property Act, 1882, also governs the legal aspects of property distribution after death, but a registered will supersedes all prior informal wills or verbal instructions. A properly drafted and registered will ensures a smooth transfer of assets and minimizes conflicts among legal heirs.

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