Response

A Medical Certificate is not required by law. However, obtaining a Medical Certificate from a licenced medical practitioner is recommended to avoid any allegations of the Testator’s insanity or unsoundness of mind.

Every person who is competent to contract is allowed to make a legal will under the Indian Succession Act, 1925, but he must be a major, of sound mind, and ready to write a Will without force.

One of the most important considerations and factors to consider in such a case is that one of the witnesses must be the testator’s own doctor. While making such a will, it is important for the testator to ensure that the doctor’s signature is present, as well as a duly signed medical certificate attesting to the testator’s mental and physical condition. This is critical since one of the fundamental issues that all wills face is the testator’s capacity, whether physical or mental, when creating his or her will.

Even if the Will refers to immovable property, it is not essential to register it. Section 18 of the Registration Act of 1908 makes registration optional. However, it is recommended that a Will be registered because a registered Will cannot be tampered with, disfigured, destroyed, or stolen. It is widely accepted as a legitimate will. A Will must be written because a verbal Will has no sanctity, legality, or authenticity in India. A Will can be registered after it has been written.

When the testator is competent to dispose of his property, he can revoke, revise, or alter his Will at any moment. By executing a new Will, cancelling the earlier Will, registering the new Will (assuming the old Will is registered), destroying the old Will, or making a codicil, a person can revoke, change, or revise his Will.

There is no stamp duty applicable to Registering a Will. The registration fee for Registering a Will is about Rs. 100.

Reference: Section 2 of the Indian Succession Act, 1925

Section 18 of the Registration Act of 1908

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