Registering a will is optional, and a registered will still has to be proved through a witness. A quieter option is to deposit the will in a sealed cover with a Registrar, who keeps it until you take it back or until your death.
Registration is optional
The Registration Act, 1908 lists wills among the documents that may be registered (section 18(e)). A will may be presented for registration at any time (section 27).
You may present your will to any Registrar or Sub-Registrar. After your death, a person who holds under the will, as executor or otherwise, may present it (section 40(1)). When someone else presents it after your death, the officer registers it only if satisfied that you signed it, that you have died, and that the person presenting it is entitled to do so (section 41(2)).
Registration and deposit are normally done at the office. On special cause being shown, the officer may attend at a person's home to register a document or accept a will for deposit (section 31).
What registration does not do
Registration does not remove the need to prove the will. Under the Bharatiya Sakshya Adhiniyam, 2023, a registered document can usually be proved without calling an attesting witness, but that exception expressly leaves out wills (section 67, proviso). A registered will must still be proved through an attesting witness if one is alive and able to give evidence.
Registration fees and procedures are set by each state. Ask the state's registration department before you go.
Depositing a will in a sealed cover
- You, or an agent you authorise, may deposit your will with any Registrar in a sealed cover. The cover carries your name, your agent's name if any, and a statement of what the document is (section 42).
- The Registrar notes the deposit in Register Book No. 5, with the date and time and the names of anyone who confirmed who you are, and keeps the cover in a fire-proof box (section 43).
- You may withdraw it at any time, in person or through an authorised agent (section 44).
- After your death, on an application, the Registrar who is satisfied of the death opens the cover in the applicant's presence, has the will copied into Book No. 3 at the applicant's expense, and keeps the original (section 45).
Whatever you choose
Tell your executor where the original is, and keep a scan in your Waseeyat vault. If the original is lost or destroyed after your death, other than by your own act, a court may grant probate of a copy or draft (Indian Succession Act, section 237).
Sources
- The Registration Act, 1908 (Act 16 of 1908), sections 18(e), 27, 31, 40, 41, 42, 43, 44 and 45. India Code, read 9 October 2026: https://indiacode.gov.in/act/0777df3b-bda8-468d-9a83-bf7383502384
- The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), section 67. India Code consolidated text as on 6 October 2025, read 9 October 2026: https://indiacode.gov.in/act/9e461245-2c13-4171-9d9d-267425c01e1d
- The Indian Succession Act, 1925 (Act 39 of 1925), section 237. India Code consolidated text as on 19 June 2026, read 9 October 2026: https://indiacode.gov.in/act/3eeb6aec-1e1f-42d4-9673-c04d21829663
General information about Indian law, not legal advice. Waseeyat is not a law firm.