Unregistered will still hold legal power in India

February 14, 2026 Finance Talk Valli Sarvani

Property disputes often arise after a parent’s death. However, many families misunderstand the legal status of an unregistered will.

Indian succession laws clearly state that registration is not compulsory for a will to be valid.

In a recent Ask Wallet-Wise query, a reader shared his situation. His father passed away in 2022, leaving six daughters and five sons.

The father had not partitioned his property. Although he executed a will, he did not register it.

In 2024, the daughters approached the court seeking their share under the Hindu Succession (Amendment) Act, 2005. The property was acquired through the father’s own earnings.

According to legal experts, the Indian Succession Act, 1925, does not mandate registration of a will. Instead, the law requires proper execution and attestation.

Therefore, an unregistered will remains legally enforceable. It can be challenged only on valid grounds.

These include fraud, coercion, lack of mental capacity, or improper execution. Thus, mere non-registration does not invalidate the document.

The expert also clarified an important distinction. Property purchased from personal income qualifies as self-acquired property.

It does not fall under the Hindu Undivided Family property. Consequently, the father had full authority to distribute his self-acquired assets as he wished through a will.

The Hindu Succession (Amendment) Act, 2005, grants daughters equal rights by birth in joint family property. However, this principle mainly applies in intestate succession or ancestral property matters.

When a valid will exists, distribution follows the wishes stated in the will. Sons and daughters receive shares as specified in that document.

Nevertheless, daughters retain the right to challenge the will in court if valid legal grounds exist. Moreover, if the will covers only part of the estate, the remaining assets become intestate property.

In that case, distribution occurs under the Hindu Succession Act, 1956. All Class I heirs inherit equally. These include sons, daughters, the widow, and the mother of the deceased, if alive.

Ultimately, an unregistered will can carry full legal weight, provided it meets statutory requirements.

Image from Pxhere (Free for commercial use / CC0 Public Domain)

Image Published on March 06, 2017