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Making Registered Wills Mandatory in India: A Legal Reform for Enhanced Succession Certainty and Judicial Efficiency

Family Law By 0

In the context of India’s rapidly evolving socio-economic landscape, characterized by shifting family structures and escalating property values, the need for robust mechanisms to facilitate seamless asset succession has become imperative. This article examines the legal merits of mandating the registration of wills under the Indian Registration Act, 1908. Drawing on judicial precedents, empirical data on litigation, and comparative insights, it argues that compulsory registration would bolster the evidentiary value of wills, mitigate family disputes, expedite probate processes, and safeguard against fraud. While acknowledging potential implementation challenges, the article posits that such a reform aligns with principles of legal certainty and public policy, ultimately promoting judicial efficiency and societal harmony along with substantial reduction of judicial pendencies in Court.