INCOME TAX6 Sept 2026
Unregistered Will and property transfer: Is a release deed mandatory in India? Know the legal position | Mint
Good news for families with unregistered Wills. Under Indian law, a Will does not need registration to be valid. It remains valid if properly signed and attested, as per the Indian Succession Act. So a release deed is not automatically required just because the Will is unregistered. Beneficiaries can transfer property based on the Will. If the registrar refuses, ask for written reasons and consult a lawyer.
Key Statutory Highlights
- An unregistered Will can be legally valid in India if properly executed and attested.
- Registration of a Will is not mandatory under Indian law.
- A release deed is not automatically required just because the Will is unregistered; it serves a different purpose.
Actionable Advice for Taxpayers / Founders:Beneficiaries should check the Will is properly signed and attested, and take a lawyer's opinion if the registrar asks for a release deed or refuses transfer.
Statutory Disclaimer: TaxQue Shorts are AI-assisted editorial briefs for compliance awareness. This brief has not passed every source check; confirm the original notification before acting. This does not constitute formal legal or CA counsel.
TaxQue News Desk
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