The registration of a document provides evidence that the proper parties had appeared before the registering officers and that the officers had attested the document after ascertaining their identity. Registration of a Will is not compulsory in India even where it relates to immovable asset. Registration merely evidences the genuineness of the Will. When a Will is registered, a copy is put in the safe custody of the Registrar. Registration does not exempt a situation where a probate is required and does not give any special status to the Will. However, registration of the Will by the Testator can be an evidence of the genuineness of the Will.
A registered Will is put in the safe custody of the Registrar. Therefore it is relatively safe, cannot be tampered with, mutilated, destroyed or stolen. Further, registration of the Will by the Testator can be an evidence of the genuineness of the Will.
A Will can be registered with the Registrar/Sub-Registrar of Assurances with a nominal registration fee. The testator must be personally present at the registrar’s office along with witnesses, who need not be the same witnesses who have signed the Will.
No, it is not necessary to register the later Codicil or Will. However, if you have thought it fit to register the earlier Will, it may save trouble if you also register the later Codicil or Will.
A deposit of a Will is not the same as registration. A deposit of Will is when the original Will is put in a sealed envelope and deposited with the Registrar who gives a receipt. Any person having the original receipt may collect the original Will. However, generally at the time of collection, the sealed envelope is opened by the Registrar who keeps a copy of the Will. In general, deposit of a Will is not commonly done and people prefer to register a Will rather than deposit.