ET OnlineCitizens across the state can now simply register and safeguard their wills at any of the 517 sub-registrar offices at any time for a nominal registration fee of Rs 100.
If he’s gone, can she manage everything?
In a big relaxation for its citizens, Maharashtra has allowed will registration at any of the 517 sub-registrar offices, for a registration fee of just Rs 100. While many people do not actively register or safeguard their wills, this move by the state government would significantly ease the process by making it affordable and accessible.
For example, a senior citizen owning one flat, bank deposits, and jewellery can now easily register a will for Rs 100 at any sub-registrar office in the state.
Many families delay succession planning due to cost, formality, and fear of legal process. However, this move by Maharashtra would encourage early planning, reduce inheritance disputes, Rahul Hingmire, Managing Partner, Vis Legis Law Practice, told ET Wealth Online.
Ideally, every adult who owns assets in their sole or joint name should have a will, and preferably a registered one, irrespective of age or wealth. This latest reform is especially useful for senior citizens, retirees, flat owners in cooperative housing societies, individuals in second marriages, explainsShweta Tungare, Co-Founder, LawTarazoo.
Will registration in Maharashtra for Rs 100: What it means for individuals?
Citizens across the state can now simply register and safeguard their wills at any of the 517 sub-registrar offices at any time for a nominal registration fee of Rs 100. Because they are exempt from the 4-month statutory deadline unlike other property-related documents, wills can be presented for registration at any point after execution.
While the registration of a will is not compulsory under law, experts encourage anyone with assets to have one, since it can boost authenticity, offer greater legal clarity, thereby reducing disputes among legal heirs.
As part of the move, citizens in Maharashtra can register their will anytime in their lifetime at any sub-registrar office. In cases where a will is not registered before death, the executor named in the document or any person claiming rights under it can present it for registration, according to a Times of India report.
In such a case, the sub-registrar verifies due execution of the will, confirms the death, and establishes the legal authority of the applicant.
Maharashtra will registration process:
What you should know
In addition to making will registration easy at just Rs 100, the state has also given the option of a sealed will. The person or an authorised representative can confidentially deposit a will in a sealed cover with the district registrar for a fee of Rs 100. It can be withdrawn during the person’s lifetime on payment of Rs100.
Post their demise, it can be opened on application, verified, recorded and a certified copy issued.
Why a will is not only for the rich, and you must also make one
A Will has always been optionally registrable under Section 18 of the Registration Act, 1908, and registration is not mandatory for validity. What Maharashtra has now done, by extending its ‘One District One Registration’ framework to testamentary instruments, is two-fold:
-It has decoupled the act of registration from territorial jurisdiction (you no longer need to go to the sub-registrar in whose limits you reside or own property), and
-It has reaffirmed the nominal Rs 100 fee with no statutory deadline for presenting the Will.
“For ordinary citizens, this is a quiet but meaningful piece of access-to-justice reform,” LawTarazoo’s Tungare tells ET Wealth online.
She shared that the Rs 100 price point matters, even though “cost is rarely the real barrier in estate planning, fear, procrastination and perceived complexity are.” But a Rs 100 ceiling sends a clear signal: the State is treating Will registration as a public-good service, not a revenue line.
Across states in India, will registration practices are similar, with registration fees typically ranging from Rs 10 to Rs 100, and no stamp duty, in most cases.
Who should register a will, and when?
Registering a will is not mandatory, however it is somewhat the ‘gold standard’ to prove the veracity of the will. So, anyone owning property, investments, business interests, jewellery, bank accounts, or family assets should consider registering a will, Vis Legis Law Practice’sHingmireshares.
“The reason is that registration gives official record and better evidentiary value, though an unregistered will can also be valid.”
A will should ideally be made by:
-Senior citizens and retirees holding self-acquired property, where post-death disputes among children are most common.
-Owners of flats in cooperative housing societies in Mumbai, Pune, Thane and Nagpur, where succession claims often stall transfer of shares.
-Individuals in second marriages, blended families, or those wishing to provide for a dependent with special needs.
-NRIs with Indian assets, who can now register at any convenient sub-registrar office during a short India visit.
Few things to keep in mind when preparing a will
Hingmire notes that a will should be clear, voluntary, and specific. The person making it must be of sound mind, must sign it freely, and it must be attested by two independent witnesses. It should mention full details of the testator, beneficiaries, executor, assets, liabilities, distribution method, alternate beneficiaries, and cancellation of earlier wills.
For example, instead of saying “my flat to my son,” mention flat number, address, society name, and exact beneficiary details. Clarity prevents disputes.
Every asset should be described with enough specificity that a stranger reading it can locate it: share certificate number for immovable property; bank name, branch and account number for deposits; folio numbers for mutual funds and demat account details for shares, Tungare explains.
Additionally, an executor (the person entrusted to carry out the will) should be named, with at least one alternate. The will must be signed by the testator on every page in the presence of two independent witnesses (not beneficiaries), who must attest in each other’s and the testator’s presence.
Aditi Sharma, Partner at Khaitan & Co, underlines that a will should be revisited and updated after significant milestones like marriage, divorce etc., to facilitate smooth execution and reduce the likelihood of future challenges. In cases where a close family member is deliberately excluded, recording the reasons either within the will or through a separate document can help explain the thought process to the heirs.
A will is not a tax document or a financial product but is the last instruction a person leaves behind for their family. Maharashtra’s reform makes it easier than ever to leave that instruction in a form the law respects.
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