If a person’s heirs are unhappy with the shares assigned to them, they can contest the will. The most typical reason for a challenge is that the testator was not of sound mind when he or she wrote the will. As a result, it is critical to make the will explicit in terms of property distribution.
If there is no will, the estate will be divided according to the deceased’s personal law. The Indian Succession Act is complicated, with various inheritance regulations for different ethnic groups.
A person must cancel his previous will and proclaim himself to be of sound mind while drafting a will. If he intends to deprive any of his heirs of their inheritance, he should provide justifications. The testator can cancel or modify his will as many times as he wants throughout his lifetime. However, if the first adjustment or modification was not registered, it is essential to do so.
In India, the registration of Will is not compulsory, under the Registration Act. It is the Testator’s choice whether to get the Will registered or not. There is no stamp duty payable on a Will. However, if the Testator wishes to register the Will with the before the registrar or sub registrar of assurances, it provides evidence that the Will has been properly executed. Once registered, the Will is kept in safe custody of the Registrar and cannot be tampered with, destroyed or mutilated. On-registration of a Will does not lead to any inference against its genuineness.
