Registration of a Will After the Testator's Death: Law, Procedure & Affidavit Format

A current India guide to presenting a Will for registration after the testator has died, with the relevant provisions of the Registration Act, 1908 and an adaptable affidavit format for attesting witnesses.

Law reviewed: 29 August 2026

Can a Will be registered after the testator's death?

Yes. The Registration Act, 1908 expressly permits post-death presentation of a Will. After the death of the testator, a person claiming as executor or otherwise under the Will may present it to a Registrar or Sub-Registrar for registration. The registering officer must then consider the statutory requirements governing execution, death of the testator and the presenter's entitlement.

Section 18 - Registration is optional A Will is one of the documents that may be registered. Registration of a Will is not made compulsory merely because it deals with immovable property.
Section 27 - No ordinary four-month limit A Will may be presented for registration or deposited at any time, unlike the ordinary presentation period applicable to many other documents.
Section 40 - Who can present it After the testator's death, a person claiming as executor or otherwise under the Will may present it to a Registrar or Sub-Registrar.
Section 41 - Registrar's satisfaction Where another person presents the Will, the registering officer must be satisfied that it was executed by the testator, that the testator is dead and that the presenter is entitled under Section 40.
Important: registration does not by itself eliminate the legal requirements for proving a disputed Will. A Will required by law to be attested remains subject to the applicable rules of testamentary execution and proof.

Execution and proof of the Will

For an unprivileged Will governed by Section 63 of the Indian Succession Act, 1925, the testator must sign or affix a mark, or the document must be signed by another person in the testator's presence and by the testator's direction. The Will must ordinarily be attested by two or more witnesses in the manner prescribed by that section.

For evidentiary proof, Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 applies to documents required by law to be attested. Where an attesting witness is alive, subject to the Court's process and capable of giving evidence, at least one attesting witness ordinarily has to be called to prove execution. The statutory relaxation for certain registered documents expressly excludes Wills.

Practical effect: the fact that a Will has been registered can be relevant evidence, but registration is not a substitute for compliance with the rules governing due execution and proof when those matters are in issue.

Probate law changed in December 2025

The Repealing and Amending Act, 2025 omitted Section 213 of the Indian Succession Act, 1925 with effect from 20 December 2025. The former Section 213 contained a statutory bar on establishing certain rights as executor or legatee in a court without probate or letters of administration with the Will annexed.

The omission of Section 213 should not be confused with abolition of the probate jurisdiction itself. The Indian Succession Act continues to contain provisions dealing with probate, executors and letters of administration. Whether a court proceeding is necessary or appropriate will depend on the applicable law, the nature and location of the estate, disputes between interested persons, and the relief being sought.

Documents commonly required for post-death registration

The exact checklist is governed by the Registration Rules, circulars and procedures applicable in the State or Union Territory concerned. A registering office may commonly require the original Will, proof of the testator's death, identity/address documents of the presenter, proof showing that the presenter claims as executor or otherwise under the Will, and evidence concerning execution of the Will.

Attesting witnesses may be required to appear or provide affidavits depending on the applicable local procedure and the registering officer's inquiry. The scribe is not universally required by the central Registration Act; applicants should therefore follow the current requirements of the relevant State Registration Department rather than a generic national checklist.

Suggested procedure

  1. Locate the original Will. Check that the document is complete and identify the executor, beneficiaries and attesting witnesses.
  2. Obtain proof of death. Keep the official death certificate of the testator available.
  3. Check the State Registration Department's procedure. Registration is administered through State/UT registration authorities, so forms, fees, appointments and supporting documents can differ.
  4. Establish entitlement to present the Will. The presenter should be able to show that he or she claims as executor or otherwise under the Will within Section 40.
  5. Arrange witness evidence where required. If the local procedure requires an affidavit or appearance of attesting witnesses, prepare the evidence consistently with the actual facts of execution.
  6. Present the Will before the proper registering authority. The registering officer will determine whether the requirements of Section 41 and the applicable Registration Rules are satisfied.

Sample affidavit by attesting witnesses

This is a general drafting format. Use only statements that are factually true. Local Registration Rules or the Sub-Registrar may require a different form, separate affidavits or additional particulars.

BEFORE THE REGISTRAR / SUB-REGISTRAR AT [PLACE]

AFFIDAVIT IN SUPPORT OF PRESENTATION OF WILL AFTER DEATH OF TESTATOR

In the matter of the Will dated [DATE OF WILL] executed by Late [FULL NAME OF TESTATOR], son/daughter/spouse of [NAME], formerly residing at [ADDRESS].

We,

1. [NAME OF FIRST ATTESTING WITNESS], aged about [__] years, son/daughter/spouse of [NAME], residing at [ADDRESS]; and

2. [NAME OF SECOND ATTESTING WITNESS], aged about [__] years, son/daughter/spouse of [NAME], residing at [ADDRESS],

do hereby solemnly affirm and state as follows:

1. That we are the attesting witnesses to the Will dated [DATE] executed by Late [NAME OF TESTATOR].

2. That the testator signed/affixed his or her mark to the said Will in our presence / acknowledged to us the signature or mark on the Will, in accordance with the facts that actually occurred at the time of execution.

3. That we signed the Will as attesting witnesses in the presence of the testator.

4. That, to the best of our personal observation at the time of execution, the testator understood the document and executed it voluntarily. [Include any statement regarding physical or mental condition only if the deponents can truthfully depose to it from personal knowledge.]

5. That the testator, Late [NAME], died on [DATE OF DEATH], and a copy of the death certificate is being produced with the application.

6. That this affidavit is made in connection with presentation of the aforesaid Will for registration before the competent registering authority.

VERIFICATION

We verify that the statements made above are true and correct to our personal knowledge and belief and that nothing material has been concealed therefrom.

Verified at [PLACE] on this [DAY] day of [MONTH, YEAR].

DEPONENT NO. 1

DEPONENT NO. 2

Official legal references

For forms, fees and local registration procedure, consult the official Registration Department portal of the State or Union Territory where the Will is to be presented.

Frequently asked questions

Is registration of a Will compulsory?

No. Section 18 of the Registration Act, 1908 includes Wills among documents whose registration is optional.

Can a Will be registered years after the testator's death?

Section 27 provides that a Will may be presented for registration or deposited at any time. Post-death presentation must still satisfy Sections 40 and 41 and the applicable local registration procedure.

Must both attesting witnesses always file a joint affidavit?

The central Registration Act does not impose a universal rule requiring a joint affidavit by exactly two witnesses for every post-death registration. Local rules and the registering officer's inquiry should be checked.

Does registration prove that the Will is genuine?

Registration is relevant, but it does not dispense with the legal rules governing execution and proof of a Will where genuineness or due execution is disputed.

Is probate still compulsory after the 2025 amendment?

Section 213 of the Indian Succession Act was omitted with effect from 20 December 2025. Probate and letters-of-administration provisions nevertheless continue to exist, and court proceedings may still be sought or become necessary depending on the applicable law and the dispute or relief involved.