Cost of Will Registration in the state of Odisha

According to Section 2(h) of the Indian Succession Act, 1925 (ISA), a will is a legal document that allows a person (testator) to specify how their assets and liabilities should be handled after their death.

What does a will include ?

• Details about beneficiaries
• Appointment of an executor
• Appointment of an executor

What are the types of will ?

According to the ISA, there are only two types of Wills.

• Privileged will - one which is made by individuals in exceptional circumstances like soldiers, airmen, marine men
• Unprivileged will - made by people in ordinary circumstances

However, there are other types of wills as well such as joint will, mutual will, registered will, unregistered will, etc.

Legal validation

• Testator must be of sound mind and a minimum of 18 years old
• Will must be made voluntarily without any coercion or undue influence
• Must be signed by the testator in the presence of at least 2 witnesses who must also sign the will. However, earlier section 68 of the Indian Evidence Act which is now known as Bhartiya Sakshya Adhiniyam, the Section has changed to Section 67 which speaks that though the presence of only one witness may be sufficient to prove attestation but the impact of the absence of another is a matter for consideration of the Court.

Legal terms to keep in mind when making a will

• Intestate - when a person dies without leaving behind a will
• Testator - a person who makes and executes a will
• Beneficiary/legate - a person or organisation to whom you bequeath your assets in a will
• Executor - a person appointed to administer the distribution of assets of a will
• Probate - the legal document to be obtained by the executor after death
• Administrator - a person who deals with the division of your assets if you do not have a will
• Codicil - a legal document or addendum that amends or adds to the will

Need for a Will

There are quite a few advantages of executing a Will, namely

• A very much drafted Will evades family debate in regards to the property of the deceased and on the off chance that a question emerges, the recipient of the domain has an imposing record in support of himself.
• The law of legacy doesn't consider the reality regarding whether the departed wished or didn't wish to let any of the relatives acquire his property and to what extent though via a Will the deceased can distribute the property according to his desire.
• At times it has been seen that the departed had properties both immovable and moveable which his inheritors may not be aware of, in any case, a Will guarantees that a wide range of properties are genuinely circulated by the deceased during his lifetime.
• It is an exceptionally standard lawful prerequisite now for moving land, bank stores, stocks and offers, and premium in the business. A very much drafted and enlisted Will guarantees the legitimate necessities are met.
• The Will guarantees that there are no false cases after the passing of the departed benefactor.

Requirement of registration:

Although registration of Will is not mandatory and it can even be drafted on plain paper, it is always advisable for a Will to beregistered. It can be registered with the District Sub-Registrar at the place of residence of the testator. The registration of the Will can only be done by the testator when alive or the executor or legatee, once the testator is dead. Amendments in latter stages must be filed as well. The registration of the Will makes the Will non-to-be backed up (e.g. Will being executed and etc.), the Will cannot be tampered with, the Will is proved to be authentic, allegations of making the Will under duress can be deflected, etc.

Consequences of non-registration:

An unregistered will is simply a will that hasn't been filed with the Sub-Registrar’s office. In India, while you don't have to register a will, doing so is a good idea. It can cut down on arguments and slowdowns when it comes time to probate.

The Supreme Court of India has said in several cases that an unregistered will is still valid and can be enforced. For example, in the case of Saroja v. Santhil Kumar case (AIR 2011 SC 642), the Court determined that you can prove an unregistered will by providing evidence of how it was made and witnessed. They also pointed out that if there’s a registered will, it can be cancelled by a new, unregistered will, as long as the new one follows the law.

In certain other cases, the Supreme Court ruled that you could establish the validity of an unregistered will by showing evidence that the person who made it had it in their possession and took care of it. They also made it clear that not registering a will doesn’t make it invalid.

Overall, the Supreme Court has shown that unregistered wills can hold up legally as long as they are properly made and witnessed. Still, it’s worth mentioning that it's generally harder to prove these wills than registered ones. If there’s a disagreement, the court will need to be convinced that the unregistered will is indeed genuine.

Will Registration in Odisha

• Optional Registration: Registration of a will is not mandatory in Odisha.
• Will Registration Process: Involves creating the will, filing it with the sub-registrar’s office, and paying nominal fees.
• Will Registration Fees: According to the Registration Act, there is a fixed fee for registration of a will which is a nominal fee of Rs. 250/- but there are certain other charges such as user fees, stamp duty, etc which is required to be paid before and during registration of a will.

Will Making or Will Preparation Cost in Odisha

Average Cost Range:

• Express Will - Do-It-Yourself Will - For those searching for a practical arrangement, Express Will permits you to make your own will with a Do-It-Yourself approach, costing almost nothing if you are using a freely available template. However, it is not advisable to use freely available templates which can be incomplete and may lead to ambiguities.
• Professionally crafted - Getting your Will drafted by a professional remotely or at a doorstep may cost between Rs. 7,500 and Rs. 25,000, depending on the complexity and expertise of the professional.
• Mirror Will - Shared Portrayal - Mirror Will support guarantees an extensive portrayal of shared longings for couples. With master lawful interview and drafting, each will reflect the other, making a strong arrangement for what is in store.

NOTE: The charges above may vary depending on how simple or complex your estate is.

List of Required Documents for Will Registration in Odisha

• Property details (survey number, surrounding land details, size of the land etc)
• Challan/DD evidencing payment of full stamp duty, transfer duty (if any), Registration fee, and user charges.
• Property cards for the mentioned property.
• Proof of Identity of testator or testatrix and also the witness (Ration Card / Aadhaar Card / Voter ID)
• Address proof of testator or testatrix and also the witness (Driving license / Ration card / Aadhaar card / Voter ID)
• PAN CARD
• Aadhaar card
• Deed/Document to be registered

Note: Original ID proof and address proof to display before the registrar.

Will Registration Procedure at Sub-registrar Office in Odisha

• Appointment Fixation: Once the draft is ready, schedule an appointment at the Sub-Registrar office for the registration process.
• Sub-Registrar Office Location: Visit the Sub-Registrar Office’s webpage and locate the SRO link. On the designated page, choose your district from the drop-down menu under “Select District” and enter the first three letters of the road name to automatically populate the options. Click the “Search” button to access the contact details of the respective SRO.
• Appointment Day: On the scheduled date, proceed to the registering office accompanied by two reliable witnesses and wait for your designated turn.
• Compliance with Guidelines: During your allocated slot, adhere to the guidelines provided by the authorities for a smooth processing experience.
• Identification Verification: Present your original identification documents before the registrar for verification.
• Registration Fees Payment: To complete the registration, pay the applicable registration fees in accordance with the regulations of your respective state.
• Registrar’s Verification: The registrar will personally verify the details, and upon satisfaction, will sign the relevant order.
• Signatures and Documentation: Both the testator/testatrix and the witnesses must sign the registry and the designated places on the document as advised to finalize the registration.
• Document Collection: A registered copy of the will can be collected approximately within a week. The clerk at the dispatch desk will provide guidance on the collection process and suggest a probable date for retrieval.