Can property be transferred on an unregistered Will alone, or is a release deed needed?

When a loved one leaves behind a Will, the family naturally expects the property to be transferred according to the wishes expressed in that Will. But problems can arise when the Will is unregistered and the registration authorities ask the beneficiaries to obtain a release deed from the other legal heirs.

In such a situation, an important question arises: Is registration of the Will necessary for the beneficiaries to inherit the property, or can the property be transferred on the basis of an unregistered Will? A reader facing this issue has sought clarification on the legal position and the steps that can be taken if the Registrar refuses to act on the Will.

Today's Q&A explains such details in response to a query by a reader.

You can obtain a legal opinion from a lawyer about no necessity of obtaining a release deed for getting the bequeathed assets transferred in the name of the legatees. I feel this should be sufficient enough. Produce this opinion before the Registrar. This should be sufficient enough.

In case they are not convinced with this legal opinion, then the only option available for you is to file a writ in the jurisdictional high court with a request to direct the Registrar to act on the will.