"DIFFERENCE BETWEEN A REGISTERED WILL AND AN UNREGISTERED WILL"

By: -        Natasha Rocha is a 4th year BBA LLB Law student, studying at  ISBR Law College affiliated to Karnataka State Law University.

 The main differences between a registered will and an unregistered wills lies in the legal formalities and evidentiary value.

1. What is Registered Will?

A registered will is a Will that is formally registered with the Sub-Registrar of Assurances under the Indian Registration Act, 1908. However, registration of wills is optional i.e. It is not mandatory to register a will under the Indian Registration Act. But it is mostly advised by the legal representatives or lawyer of a person to make the registration of wills as it adds on to an extra authenticity.

Registration of wills provides a strong legal standing and is becomes difficult to challenge unless there exists any fraud or coercion and if any is proven. The custody of wills is typically kept safe in governments records which minimizes the chances of loss or temperament of wills.

The process of registration of will requires the physical presence of the “Testator” (the person making the Will) and two witness who are other than the testator’s heir or testators’ legal representatives, at the registration office and attestations of ID Proofs are required and there also consists of a fee once all the process is completed the Will must be signed by the testator voluntarily without any force or undue influence or any other.  

When a will is registered can it be revoked? Yes! a registered will can be changed at any time by the testator during their lifetime.

# Case Laws

1. Leela & Ors. v. Muruganantham & Ors. (Civil Appeal No. 7578 of 2023; decided Jan 2, 2025).

The Supreme Court ruled that mere registration of a will does not validate it. Even if a will is registered, the pro-pounder must still prove its execution under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act, especially if suspicious circumstances exist around its signing. The Court upheld earlier trial and high court findings invalidating the will due to inconsistencies and authentication gaps.

2. Tirath Prakash & Anr. vs The State & Ors. (Dec 21, 2024, Delhi High Court).

Even for registered wills, at least one attesting witness must be examined in court to prove the document’s execution by the testator. The Court emphasized that registration alone isn’t enough—proper witness testimony remains essential, and any suspicious circumstances must be convincingly dispelled

2. Unregistered Will

An Unregistered will is a Will that is created, signed, and witnessed similar to that of the register Will but the Will is not registered with any authority or under the Indian Registration Act. However, registration of wills is must recommend by legal personalities to avoid misappropriation or frauds.

An Unregistered will is legally valid and enforceable similar to that of a registered will, but only as long as the unregistered Wills meet all legal requirements such as A Will must be written by a competetent person, signed and witnessed by two people, etc.

The proof of validity of unregistered wills can be slightly easier to challenge as compered to registered will, as the unregistered will must be proven to be true an rightfully done by the testator of the will in the probate proceeding, especially if any disputes arise. The custody of unregistered wills is usually kept with the testator, a lawyer, or trusted person, but there exists more risk of loss or tampering any lost or found by any other person. The revocation of Unregistered will are similar to that of registered wills, i.e. it can be revoked or replaced by the testator at any time.

# Case Laws

1. Saroja v. Santhil Kumar (Supreme Court, 2010) and Surinder Pal Sharma v. Surjit Kaur (2019).

These Supreme Court judgments affirmed that unregistered Wills are legally enforceable, provided they satisfy statutory formalities and sufficient evidence, such as witness testimony and possession by the testator is adduced during probate.

2. Ranjeet Singh vs State of U.P. & Ors. (UP High Court, July 1, 2024).

The High Court clarified that a will be validly executed before the enforcement of a state amendment requiring compulsory registration remains valid—even if registration becomes mandatory later. The genuineness may be questioned, but such a will isn’t rendered invalid retroactively merely because it became unregistered by later amendment

Conclusion

Both types of Wills may it be Registered Wills or Unregistered Wills, both are legally valid in India, but registering a Will can prevent disputes, especially in complex family or property situations. It adds a layer of authenticity and helps ensure the testator’s intentions are honored.

Date: 19th July 2025.