What the law says
Section 31 of the Registration Act, 1908 says registration ordinarily happens at the office. Its proviso allows the officer, "on special cause being shown", to attend at the residence of a person who wants to present a document for registration or deposit a Will, and to accept it there.
Who it is for
- A person who is bedridden or cannot travel because of illness.
- A very elderly person for whom a trip to the office would be a real hardship.
- Someone in hospital, where the officer agrees to attend.
It is the officer's decision, based on the reason shown. A medical certificate is the usual evidence.
How to apply
- Prepare and sign the Will before two witnesses.
- Apply to the Sub-Registrar covering the home address, giving the reason and attaching the medical certificate.
- Pay the additional home-visit fee the state prescribes.
- On the agreed date, the officer attends, checks identities and records the Will.
Each state sets its own procedure and fee, so confirm both with the office first.
Protect the Will against a capacity challenge
A Will made by someone who is unwell is the kind most often challenged on mental capacity. Ask the treating doctor for a certificate on the day of signing, choose independent witnesses, and keep notes of the meeting. Our registration service arranges home registration where the office allows it.
Frequently asked questions
Can a Will be registered at home in India?
Yes, on special cause being shown, under the proviso to Section 31 of the Registration Act, 1908. The officer decides, and an additional fee applies.
What counts as special cause?
Usually illness or infirmity that makes it a serious hardship to attend the office, supported by a medical certificate.
Is there an extra fee for home registration?
Yes. Each state prescribes an additional fee for the officer's visit.
General information, not legal advice.
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