Yes, an unregistered will can be valid in India, but there are certain conditions and factors that influence its validity. The Indian Succession Act, 1925 and the Indian Registration Act, 1908 govern the validity of wills in India. While registration of a will is not mandatory, an unregistered will can still be considered legally valid if it meets specific requirements. Key Points Regarding an Unregistered Will: 1. Registration Not Mandatory: According to Section 18 of the Indian Registration Act, 1908, a will is not required to be registered to be valid. This means that a will can be executed without being registered, and it will still have legal effect. The Indian Succession Act, 1925 also does not require a will to be registered for it to be considered valid. It can be a holographic will (handwritten), oral will, or typewritten will as long as the formalities of execution are met. 2. Conditions for a Valid Will: Testamentary Capacity: The person making the will (the testator) must be of sound mind and should be at least 18 years of age at the time of making the will. The testator should understand the nature of the document they are signing and the implications of distributing their property. Free Will: The testator must make the will voluntarily, without any coercion, undue influence, or pressure from others. Proper Execution: The will must be signed by the testator (or by someone else in the testator’s presence and at their direction). The will must be attested by at least two witnesses who are present at the time of the signing of the will. These witnesses should not be beneficiaries under the will to avoid conflicts of interest. 3. Execution of Will (Unregistered): An unregistered will can still be valid if it fulfills the above requirements: It is in writing, signed by the testator. It is witnessed by at least two independent witnesses. The witnesses should also sign the will in the presence of the testator and each other. It’s advisable that the witnesses' names, addresses, and signatures are clearly mentioned. 4. Advantages of Registration: Proof of Authenticity: Registration provides additional proof of the authenticity and date of the will, which can be helpful in case of disputes. Safeguarding the Will: A registered will is stored with the authorities, making it easier to find in case the original is lost or destroyed. Protection Against Challenge: While registration is not mandatory, a registered will is less likely to be contested successfully. In case of a dispute, the fact that a will was registered can strengthen its credibility in court. 5. Issues with Unregistered Wills: Susceptibility to Challenges: An unregistered will can be more vulnerable to disputes from heirs or potential beneficiaries, especially in the absence of clear witnesses or evidence that the testator's intentions were properly followed. Lost or Destroyed Will: Since an unregistered will is not filed with any central authority, it is prone to being lost, destroyed, or tampered with. This can create complications when the time comes to prove the validity of the will. 6. Legal Process After Death: When the testator dies, an unregistered will is still valid, but it will be necessary to prove its authenticity in court if contested. The court may call the witnesses to verify the testator's intentions and ensure that it was executed correctly. If the will is contested, the burden of proving that the will is valid lies on the person who wishes to probate the will (usually the executor or a beneficiary). 7. Oral Wills (Nuncupative Wills): In exceptional circumstances (such as the testator being on their deathbed or in peril), an oral will may also be considered valid. However, this is generally allowed only in certain situations and must be witnessed by at least two individuals who are present at the time of the oral declaration. Oral wills are more difficult to prove and are often highly vulnerable to dispute. Conclusion: An unregistered will can be valid in India as long as it is executed properly, with the testator’s consent, sound mind, and appropriate witness signatures. The lack of registration does not invalidate the will, but it may cause issues with authenticity or lead to disputes after the testator’s death. For these reasons, registration of the will can be a wise choice as it provides additional security and protection, although it is not legally required. If you want to ensure that your will is executed smoothly after your death, it’s best to keep it in a safe place, make copies, and inform trusted individuals about its location. Consulting a legal expert or a lawyer can help you with the proper drafting and execution of a will.

Dear Client, Yes in India a will which is not registered is still a valid as it fulfills the basic requirements of execution as per the Indian Succession Act of 1925. Registration is a choice but is very much so advised to avoid issues. Important points: In India wills do not have to be registered. Valid will requirements: Valid criteria for wills:. Made voluntarily by the testator. Signed by the testator. Attested by two or more witnesses. Registration provides authenticity and also reduces the chance of forgery or dispute. An unregistered will may still be brought up in court for issues of coercion, fraud, or lack of mental capacity. Courts accept unregistered wills when due execution and attestation are proved. Registration is recommended for better legal standing, also it is not true that a will is void because of lack of registration. I hope this answer helps you to resolve the queries. If the issue still persists, please contact our law firm. Thank you!