Book-3 Documents

Whether it is a property document or a non-property document, all documents can be registered.

Generally, documents are classified into three types.

Book-3 is a special category for documents that do not fall under Book-1 or Book-4. It is primarily for the registration of wills. A will may or may not involve immovable property. Since a will comes into effect only after the death of the person who made it, it is specifically recorded in Book-3.

A will is a personal document. It does not belong to the category of public documents. Only the person who wrote the will can obtain a copy of it, and no one else can access it. After their death, the heirs can obtain a copy of the will.

In addition to wills, Book-3 also includes codicils, which are modifications or additions to an existing will. If someone wishes to make changes to an already written will, they can draft a codicil, which is then registered as a separate document but linked to the original will in Book-3.

There are two types of wills:

1. Open Will: 

This is written openly and registered so that anyone can see it.

2. Secret Will: 

This is written in secrecy, and its contents are not known to anyone, not even the registrar. The will is placed in a sealed cover and submitted to the registrar, who records it as a "sealed will." After the death of the person, the sealed cover is opened in the presence of two witnesses, and the will is registered in Book-3 with a serial number.

 Additional Key Points:

Optional Registration: 

The Registration Act does not mandate the registration of wills. However, registering a will can provide legal validation and ease the execution process after the testator's death.

No Stamp Duty Requirement: 

There is no need to write a will on stamp paper. This makes it easy for individuals to draft a will in emergencies without legal formalities.

Witness Requirement: 

For a will to be valid, it must be signed by the testator in the presence of at least two witnesses who attest to the testator's sound mind and voluntary execution of the will.

Codicil Registration: 

Any changes or additions to an existing will (codicils) should also be registered in Book-3 to ensure they are legally recognized and properly documented.

Confidentiality: 

Book-3 ensures the confidentiality of the will until the testator's death. This prevents unauthorized access to the contents of the will, protecting the privacy and intentions of the testator.

Legal Protection: 

Registered wills provide legal protection against forgery and disputes. The registered document serves as evidence of the testator's intentions and the authenticity of the will.

Ease of Execution: 

Having a will registered in Book-3 simplifies the process for the heirs to execute the will after the testator's death. It provides a clear and legally recognized document that can be used in probate proceedings.

In summary, Book-3 is specifically designed for the registration of wills and codicils. It ensures confidentiality, legal protection, and ease of execution. While not mandatory, registering a will in Book-3 provides significant benefits and helps prevent disputes and legal complications for the heirs.