Registering a will creates a public record of it. A copy goes into Book 3, the register of wills held at the Sub-Registrar's office. After your death, any person who applies can obtain a sealed copy of that entry, which is admissible to prove the will's contents. The Sub-Registrar also checks the identity of the person signing, with a photograph and fingerprints. The registration fee is Rs 100 in Maharashtra, Rs 200 in Karnataka and Rs 600 in Delhi, with no stamp duty.

In court, a registered will is proved in the same way as an unregistered one, by calling one of the witnesses who signed it. WillJini's lawyers draft your will and arrange its signing so that it can be proved with or without registration, and help you register it if you want the record.

Where this page sits

Whether a registered will also needs probate is answered in the first guide below. To have WillJini draft the will and help you register it, see will registration.

Related guides:

• Is probate necessary for a registered will?
• What registering a will proves
• Can a will be challenged after death?
• Who can witness a will

What Does Registering a Will Give Your Family?

Registration gives your family a copy of the will on a government register, a check on who signed it, and a certificate of registration. The office copies the will into Book 3. Every registration office keeps that register of wills under the Registration Act, 1908 (sections 51 and 52). While you are alive, copies of the entry are given only to you or your agent; after your death they go to any person who applies, each bearing the registering officer's signature and seal and admissible to prove the contents of the original (section 57).

When you present the will, the officer must satisfy himself that you are the person who executed it (section 34(3)), and your photograph and fingerprints are affixed to it (section 32A). The officer then endorses on the will a certificate that is admissible to prove the registration (section 60). The original is returned to you when registration is complete (section 61(2)), and the office keeps the copy in Book 3.

Is an Unregistered Will Valid in India?

An unregistered will is valid in India because the Registration Act lists wills among the documents that "may be registered" (section 18(e)). A will is valid if it meets section 63 of the Indian Succession Act, 1925. The testator signs the will, and at least two witnesses sign it in the testator's presence, each having watched the testator sign or heard the testator acknowledge the signature.

In Parvathi Nairthi v Laxmi Nairthy (2026 INSC 521), decided on 21 May 2026, the Supreme Court upheld an unregistered will that one attesting witness had proved. The Court held that the will being unregistered "has no significant bearing on its validity".

What Is the Difference Between a Registered and an Unregistered Will in Court?

Registration makes no difference to how a will is proved in court, where at least one attesting witness must be called. Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 sets that rule for every document the law requires to be attested, and the proviso excusing registered documents from calling a witness is limited to a document "not being a will".

In Bhagat Ram v Suresh (2003), the Supreme Court held that "On account of registration of a document, including a will or codicil, a presumption as to correctness or regularity of attestation cannot be drawn." On 1 September 2025, the Supreme Court held in Ramesh Chand v Suresh Chand (2025 INSC 1059) that the "Mere fact that the Will was registered will not grant validity to the document." The will had not been proved as sections 63 and 68 require, and it left out three of the testator's four children without explanation, so the Court held that it conferred no title.

A probate petition is the same whether the will is registered or not. The will is annexed, an attesting witness verifies it, and sections 276 and 281 of the Indian Succession Act make no separate provision for a registered will.

Can an Unregistered Will Override a Registered Will?

An unregistered will can override a registered one if it was made later. Section 70 of the Indian Succession Act allows you to revoke a will by a later will or codicil, or by a writing executed like a will that declares an intention to revoke it. The section does not require the later document to be registered. Registering your first will does not stop you from replacing it, though the later will must itself be proved in court by an attesting witness.

Can a Will Be Registered After the Testator's Death?

A will can be registered at any time, even after the testator has died. Section 27 of the Registration Act sets no deadline and allows a will to be presented "at any time", while section 23 exempts wills from the four-month limit on other documents. After the death, the executor or anyone else claiming under the will can present it (section 40(1)). Section 41(2) requires the officer to register it once he is satisfied that the testator is dead, that the testator executed it and that the presenter is entitled to present it.

In Maharashtra, registering a will after the testator's death costs Rs 100. The beneficiary brings the original will, the death certificate and evidence from the people who were present at the signing.

What Does Registration Cost, and Where Is It Done?

Each state government sets the fee under section 78 of the Registration Act. To register a will, Maharashtra charges Rs 100, Karnataka Rs 200 and Delhi Rs 600, and none of the three levies stamp duty on it. Under section 29, you can present the will at the Sub-Registrar's office where it was executed or at any other Sub-Registrar's office you choose; it need not be the office for the area where the property is.

If you would rather the original stayed with the Registrar, section 42 lets you deposit it there in a sealed cover, for Rs 100 plus copying charges in Maharashtra or Rs 1,000 in Karnataka.

Can WillJini Draft Your Will and Help You Register It?

A WillJini lawyer drafts a will that covers your family and your property. The lawyer then guides you through signing it before two witnesses who will be easy to trace later, because one of them may be needed to prove the will in court. If you decide to register it, WillJini helps with the documents and with presenting the will at the Sub-Registrar's office, where your identity is checked before a copy goes into Book 3.

FAQs

Can an unregistered will supersede a registered will?

A later unregistered will can override an earlier registered will. Section 70 of the Indian Succession Act, 1925 lets a later will or codicil revoke an earlier one and sets no registration condition, so a later unregistered will can replace an earlier registered will.

Is an unregistered will still valid?

An unregistered will is valid as long as it was properly signed and witnessed. Registering a will is optional under the Registration Act, 1908 (section 18(e)), and on 21 May 2026 the Supreme Court held in Parvathi Nairthi v Laxmi Nairthy that a will being unregistered "has no significant bearing on its validity".

Is a registered will valid after death?

A registered will is valid after the testator's death if it was properly signed and attested. After the death, anyone may apply for a sealed copy of its Book 3 entry, which is admissible as proof of what the will said (Registration Act, section 57).

How strong is a registered will?

A registered will carries proof that it was registered and that the Sub-Registrar checked who signed it, but in court it must still be proved by an attesting witness, like any other will (Bharatiya Sakshya Adhiniyam, 2023, section 67; Ramesh Chand v Suresh Chand, 2025).

Do you have to register a will where the property is located?

A will does not have to be registered where the property is. Section 29 of the Registration Act, 1908 lets it be presented where it was executed or at any Sub-Registrar's office the parties choose.