Unregistered Will and Property Division: How Siblings' Rights Are Decided
When a person passes away without registering a Will, or if they leave behind an unregistered Will, it can create a lot of confusion and disputes among the family members, particularly siblings. The division of property becomes a complex legal issue in such cases. Here’s a breakdown of how siblings’ rights are decided under an unregistered Will and the applicable laws in India:1. What is an Unregistered Will?Understanding the Basics:
- A Will is a legal document in which an individual outlines how their property, assets, and wealth should be divided among their heirs after their death.
- An unregistered Will refers to a Will that has not been registered with the concerned authorities (typically the local sub-registrar).
- Under indian law, a Will does not need to be registered to be valid, but it must be signed and witnessed properly.
- Yes, an unregistered Will is still legally valid as long as it meets the requirements of the Indian Succession Act, 1925, which includes:
- Testator's signature (the person making the Will).
- Two witnesses who sign the Will in the presence of the testator.
- While registration of a Will is not mandatory, unregistered Wills can lead to complications in proving the validity of the document, especially in cases of disputes.
- If the Will is validly executed (signed and witnessed), siblings’ rights are decided according to the provisions of the Will.
- The Will may provide specific bequests to individual siblings or give instructions about the distribution of property among them. However, if the Will is contested, siblings may need to go through a legal process to prove the Will’s authenticity in court.
- Proof of witnesses and the testator's signature will be important in such cases.
- If the Will is contested or deemed invalid, the property will be distributed as per the laws of intestate succession (if no valid Will exists).
- If no Will exists or the unregistered Will is deemed invalid, the property is distributed according to the laws of inheritance under the Indian Succession Act, Hindu Succession Act (for Hindus), or Muslim Personal Law.
- Hindu Law: The property is typically divided equally among all legal heirs, including sons and daughters.
- Muslim Law: Inheritance follows the Sharia Law. Generally, daughters receive half the share of sons.
- Christian and Parsi Law: Similar to Hindu law, property is divided among legal heirs.
- Sibling disputes are common when there’s an unregistered Will or no Will at all. If siblings cannot agree on how to divide the property, they may have to seek legal intervention.
- They can file a petition in court to have the Will validated or to resolve disputes over the estate division. This can be a time-consuming and costly process.
- The executor named in the Will has the responsibility to manage and distribute the deceased person’s property as per the terms of the Will.
- If there’s an unregistered Will, the executor may still carry out their duties, but they must be prepared to data-face potential challenges or questions from other family members about the Will’s validity.
- If siblings or other family members contest an unregistered Will, they can challenge the Will in court based on:
- The testator’s mental soundness at the time of making the Will.
- The genuineness of the witnesses who signed the Will.
- Fraud or coercion in the creation of the Will.
- Proving the Will in court involves submitting evidence such as the original Will, witnesses' testimony, and potentially a handwriting expert's opinion if there are doubts about the authenticity of the testator’s signature.
- In the absence of a valid Will, siblings are entitled to an equal share of the deceased’s property under Hindu law (for Hindus). This applies to both sons and daughters.
- Daughters’ rights in inheritance have been significantly strengthened in recent years, and they are treated as equal legal heirs to sons in ancestral property.
- Muslim law may provide for unequal distribution, where sons get twice the share of daughters.
- If the deceased is a Christian or Parsi, the laws governing intestate succession apply, which also divides the property among the heirs.
- Though an unregistered Will can be valid, registering the Will ensures greater legal certainty and helps avoid disputes over its authenticity. It also makes the process of executing the Will smoother.
- Even if the Will is not registered, ensure that proper documentation is maintained, and witnesses are reliable and can testify to the validity of the Will if needed.