Is Will Registration Mandatory in India? Section 18(e) Truth
Under Section 18(e) of the Registration Act, 1908, the registration of a Will is explicitly optional. In Ishwardeo Narain Singh v. Smt. Kamta Devi (AIR 1954 SC 280), the Supreme Court of India held that no adverse inference can be drawn against the genuineness of a Will merely because it was not registered. Furthermore, even a later unregistered Will can validly revoke an earlier registered Will if the later Will is proved strictly under Section 63 of the Indian Succession Act, 1925.
Why, then, do senior estate counsel recommend Sub-Registrar registration whenever you own high-value urban real estate, have multiple family branches, or are giving unequal shares to Class I heirs? Because at the Sub-Registrar Office (SRO), the testator and two attesting witnesses record live biometric thumb impressions, Aadhaar-linked identity verification, and digital webcam photographs into the state's Book No. 3 register. This government record practically eliminates posthumous claims that the testator's signature was forged or backdated.
“There is zero stamp duty on registering a Will anywhere in India, and unlike Sale Deeds or Gift Deeds (which expire if not registered within 4 months), Section 27 of the Registration Act allows a Will to be registered at any time.”
Step-by-Step Procedure to Register a Will at the Sub-Registrar
Registering your Will at the Sub-Registrar of Assurances takes roughly 45 to 60 minutes once your appointment slot is booked:
Step 1 — Print on Plain Durable Paper: Print your finalized, advocate-reviewed Will on sturdy A4 paper (or green legal ledger paper). Do not buy stamp paper, as Wills are exempt from stamp duty across India.
Step 2 — Book an Online SRO Slot: Log into your state's Inspector General of Registration (IGR) portal (such as IGR Maharashtra, DORIS/NGDRS Delhi, Kaveri Online Karnataka, or TNREGINET Tamil Nadu) under 'Will Registration' and pay the nominal registration/scanning fee via e-Challan or GRAS.
Step 3 — Assemble Testator, 2 Attesting Witnesses & Doctor Certificate: Visit the SRO with original Aadhaar/PAN/Passport IDs for yourself and two independent adult witnesses (who must NOT be beneficiaries under the Will). Carry two passport-size photographs of each person and, if you are a senior citizen, a Registered Medical Practitioner's (RMP) Mental Fitness Certificate.
Step 4 — Execution, Biometrics & Book No. 3 Entry: The Sub-Registrar verifies your identity and free volition, captures digital photographs and thumb impressions of the testator and both witnesses, endorses the back of every page, records the Will in confidential Book No. 3 (which is NOT open to public title searches during your lifetime), and returns the registered original Will to you.
Special Provisions: Home Visit (Sec 31) & Sealed Cover (Sec 42)
Indian registration law provides two powerful statutory mechanisms that most citizens do not know exist:
1. Sub-Registrar Home or Hospital Visit (Section 31, Registration Act, 1908): If a testator is physically infirm, bedridden, hospitalized, or of advanced age where attending the Sub-Registrar Office causes risk or hardship, an application can be filed under Section 31 with a medical certificate and the prescribed domiciliary visit fee. The Sub-Registrar (or deputized commissioner) will personally visit the testator's residence or hospital room with a portable biometric device to register the Will.
2. Confidential Sealed Cover Deposit (Sections 42 to 45, Registration Act, 1908): If you do not want even the Sub-Registrar clerks to read the contents of your Will during your lifetime, Section 42 allows you (or your duly authorized agent) to place the signed Will inside a sealed envelope superscribed with your name and your agent's name and deposit it directly with the District Registrar for safe custody in a fireproof government vault (Book No. 5). Upon your passing, your executor applies under Section 45 to open the sealed cover in the Registrar's presence and copy it into Book No. 3.
Posthumous Will Registration After the Testator's Death
Can a family register an unregistered Will after the person who wrote it has passed away? Yes. Under Sections 40 and 41 of the Registration Act, 1908, any person claiming as Executor or beneficiary under an unregistered Will may present it to the Sub-Registrar after the testator's death. If the Sub-Registrar is satisfied that the Will was executed by the deceased (typically by examining the original attesting witnesses and death certificate), the Will can be registered posthumously.
State-Wise Will Registration Portals, Stamp Duty & SRO Fees
Reference guide to state Inspector General of Registration (IGR) portals and statutory fee rules under the Registration Act, 1908.
| State / UT | Official State Registration Portal | Stamp Duty | Typical SRO Registration & Scanning Fee |
|---|---|---|---|
| Maharashtra (Mumbai, Pune, Thane) | IGR Maharashtra (igrmaharashtra.gov.in) | ₹0 (Nil) | ₹100 registration fee + nominal page scanning fee (can register at any SRO in Maharashtra) |
| Delhi NCR (New Delhi) | DORIS / NGDRS Delhi (doris.delhigovt.nic.in) | ₹0 (Nil) | ₹100 – ₹500 nominal registration & pasting/scanning fee via e-Appointment |
| Karnataka (Bengaluru, Mysuru) | Kaveri Online Services (kaveri.karnataka.gov.in) | ₹0 (Nil) | ₹200 – ₹500 registration & scanning fee (Sealed Cover under Sec 42: ₹1,000) |
| Tamil Nadu (Chennai, Coimbatore) | TNREGINET (tnreginet.gov.in) | ₹0 (Nil) | ₹100 registration fee + nominal computer/scanning charges |
| Uttar Pradesh (Noida, Lucknow, Ghaziabad) | IGRSUP (igrsup.gov.in) | ₹0 (Nil) | Nominal Book No. 3 registration fee + per-page scanning fee |
| Telangana & Haryana (Hyderabad, Gurugram) | IGRS Telangana / Jamabandi Haryana | ₹0 (Nil) | Nominal registration fee; zero stamp duty on testamentary instruments |
What to do next
First get your Will drafted and legally vetted so there are no ambiguous clauses before locking it into Book No. 3
Select two younger, healthy, independent adult witnesses with valid Aadhaar/PAN cards who can accompany you to the Sub-Registrar Office
Keep the registered original Will in a bank locker or fireproof folder and give a scanned copy or registration receipt number to your Executor
Frequently Asked Statutory Questions
If I register my Will at the Sub-Registrar Office, do I have to register a new Will to cancel it?
While a later unregistered Will can legally revoke an earlier registered Will if proved in court, the safest practice recommended by courts is to register your new Will or execute a registered Codicil/Revocation Deed at the Sub-Registrar Office so no contradiction exists in Book No. 3.
Can the public search or view my registered Will while I am alive?
No. Unlike property Sale Deeds (which are entered in Book No. 1 and are open to public encumbrance searches), Wills are registered in confidential Book No. 3 (or Book No. 5 for Sealed Covers). During your lifetime, copies are accessible only to you or your authorized agent.
What is the time limit to register a Will after signing it?
Under Section 27 of the Registration Act, 1908, there is no time limit. While other documents must be registered within 4 months of execution under Section 23, a Will may be presented for registration at any time.
