Last Updated:
An unregistered will is valid in India; self-acquired property can be willed, and daughters have equal rights under the Hindu Succession Act, 2005.
Is Unregistered Will Valid Or Not?
Many families in India face disputes over property after the death of a parent, especially when a will exists but has not been registered. A common misconception is that an unregistered will has no legal standing. India’s succession laws, however, paint a very different picture.
In Moneycontrol‘s latest Ask Wallet-Wise, a reader sought clarity on whether an unregistered will left by a deceased father can be legally enforced and how property should be distributed among sons and daughters under Indian laws.
The reader stated that his father passed away in 2022, leaving behind six daughters and five sons. The property owned by the father had not been partitioned. Although the father had executed a will, it was not registered. In 2024, the daughters approached the court seeking their share under the Hindu Succession (Amendment) Act, 2005. The property in question was acquired by the father from his own earnings.
Unregistered Will Is Legally Valid
As explained by the legal expert cited by Moneycontrol, registration of a will is not mandatory under Indian law. Under the Indian Succession Act, 1925, a will is legally valid if it is properly executed and attested, even if it is not registered. Therefore, the unregistered will left by the father is enforceable unless it is challenged on grounds such as coercion, fraud, lack of mental capacity, or improper execution.
In short, the absence of registration alone does not invalidate a will.
Self-Acquired Property Is Not Ancestral Property
The expert also clarified a crucial legal distinction. The concept of ancestral property does not apply to assets acquired by a person through his own income. Properties purchased by the father out of his earnings are treated as self-acquired property, not as Hindu Undivided Family (HUF) property.
As a result, the father had full legal authority to distribute his self-acquired assets through a will in any manner he chose.
Rights of Daughters Under Hindu Succession Law
The Hindu Succession (Amendment) Act, 2005, which came into force on September 9, 2005, gave daughters equal rights by birth in Hindu joint family property, placing them on par with sons.
However, this equal right becomes relevant mainly in cases involving intestate succession or joint family property. When a valid will exists, the property is distributed according to the terms of the will, regardless of whether the beneficiaries are sons or daughters.
That said, daughters are fully entitled to claim their share in the assets bequeathed to them under the will, and they also have the right to challenge the will if there are valid legal grounds to do so.
What Happens If the Will Covers Only Part of the Property?
The expert further noted that if the father’s will covers only some of the assets, and not the entire estate, then the remaining assets will be treated as intestate property.
In such cases, the undistributed assets will be inherited equally by all Class I legal heirs under the Hindu Succession Act, 1956. These heirs include sons, daughters, the widow (if alive), and the mother of the deceased (if alive).
Click here to add News18 as your preferred news source on Google.
February 12, 2026, 16:49 IST
Read More
