Is a certified copy of a will valid in India?
Asked by: Lillian Cole | Last update: January 15, 2026Score: 4.4/5 (74 votes)
The Delhi High Court has observed that the certified copy of a registered Will is sufficient and is of high-probative value to prove the initial existence of the original Will.
Is a certified copy of a will as good as the original?
The rule of thumb is only the original copy of a will is valid. The original is what must be filed with the court.
How do I prove a will is valid in India?
Proving of 'Will':
Will needs to be attested by two or more witnesses, each of whom must have seen the testator sign or affix his mark to the 'Will' and further, each of the witnesses to the 'Will' should have signed the 'Will' with the requisite animus attestandi.
Is certified copy the same as original in India?
"In this context it is to be noted that certified copy issued thereunder is not a copy of the original document, but is a copy of the registration entry which is itself a copy of the original and is a public document under Section 74(2) of the Evidence Act and Sub-section (5) of 57 of the Registration Act thereof, ...
Is a will written in USA valid in India?
Wills made in other jurisdiction are not automatically enforceable in India. Under the Act, an ancillary probate can be granted to authenticate a foreign will.
Why is it important to get certified copy of a court order?
What makes a will invalid in India?
Any part of a will that has been forced or induced to be made by force, coercion, or threat or whatever has not been drawn while writing a will with free consent is invalid and not enforceable by law.
Is a foreign will valid in India for property?
For the purposes of enforcement of a foreign Will (Will registered abroad) in India, the foreign Will would require to be authenticated by way of obtaining a probate from the concerned court or authority in the relevant foreign country.
Does a certified copy count as an original document?
A certified true copy is usually a special copy of an original document and is made by a notary public or lawyer. A photocopy is just a copy made from a primary document without any certification attached to it. A true copy is a photocopy or duplicate made (without alterations) of any original document.
What is the difference between a notarized copy and a certified copy?
A notarized document is one that has been signed in the presence of a notary public, who confirms the signer's identity and willingness to sign. On the other hand, a certified document is a duplicate that has been verified to match the original.
Who can certify a true copy of an original document in India?
Public Act 102-160 allows a Notary to certify a paper or tangible copy of an electronic document is a true and correct copy.
Who keeps the original copy of a will in India?
Who keeps the original copy of a will in India? In India, the testator (the person who made the will) can keep the original or give it to a trustee, lawyer, or in a bank locker.
How do you prove a copy of a will is valid?
Therefore, in order to use only a copy of the will, an executor will need to prove that the will was not revoked. Evidence that the decedent did not have a change of heart about the will before their death, including witness testimony, may be helpful in proving that a will was not revoked.
Is notarised will valid in India?
The answer is yes, a notarised Will is valid in court. The Indian Succession Act, 1925, doesn't mandate a Will to be notarised or registered. Even a simple handwritten Will (Holographic Will) is considered valid if it fulfills certain criteria, like being signed by the testator and witnessed by two individuals.
Who should keep the original copy of my will?
Safekeeping by the Testator. While it's common for the executor to hold the original will, some individuals prefer to keep the original will in a safe place themselves. This can be a safe deposit box, a fireproof safe at home, or with an attorney.
How many original copies of a will should you have?
There should only be one original of the Will for everyone to sign. Copies can be created by photocopy.
What is a certified copy of a will?
A certified copy of a will or any document refers to an original copy of the document that has been stamped and authenticated by some authorized person. Notaries can stamp and certify these copies but not always.
What is the purpose of a certified true copy?
The point of a certified true copy is that the person who has been given the certified true copy can rely on the document you have given them as accurate and authentic. The certificate tells the user that the copy they are looking at hasn't been photo-shopped, tampered with or is otherwise inaccurate or complete.
What is the difference between an affidavit and a certification?
A certification is a statement that certain facts are true to the best of the knowledge of the person making the statement. It is like an affidavit, but it is not sworn before a notary or other authorized person.
Is a certified copy the same as an original document?
A certified copy is a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document.
Is a scanned copy of a notarized document legal?
Are scanned documents legal? Even though you can physically scan a notarized document, this does not necessarily mean the other party is going to accept it. If you are planning on scanning a notarized document, you should reach out to the other party ahead of time to see if he or she will accept it.
What happens in certified copy?
Set in Tuscany, the film focuses on a British writer (William Shimell) and a French antiques dealer (Juliette Binoche), whose relationship undergoes an odd transformation over the course of a day. The film was a French-majority production, with co-producers in Italy and Belgium.
What makes a will valid in India?
A Will must be written, signed by the testator, and attested by at least two witnesses to be legally valid. It ensures the orderly transfer of assets, minimizing disputes among heirs. The Act also provides guidelines for revocation, alteration, and execution of Wills, safeguarding the testator's intent.
Can a US citizen inherit property in India?
Yes, foreign citizens can inherit property in india. Though they have no right to acquire land meant for farming purposes directly; such people are allowed to do so through inheritance procedures. But then there might be limitations imposed on selling this type of property.
Who should keep the original will in India?
(1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established.
Is it mandatory to register a will in India?
Is registration of a Will mandatory? No, as per the provisions of Section 18 of the Indian Registration Act, registration of Will document is not mandatory. However, it is advisable.