Legal Primer

The Three Documents — What They Actually Mean

Most Indians conflate a nomination with ownership. They're not the same. Here's the truth about each, in plain language.

Strongest

Registered Will

  • Plain paper — no stamp duty required
  • Signed + 2 witness attestation
  • Filed at Sub-Registrar's office
  • 100% of assets go exactly as you decide
  • Virtually impossible to successfully challenge
  • Cost: ₹1,000–5,000 (registration only)
Valid but weak

Unregistered Will

  • Completely legally valid
  • Signed + 2 witness attestation
  • Can be challenged more easily in court
  • Not on public record
  • Best upgrade path: register at Sub-Registrar
Not a substitute

Nomination

  • Nominee is a trustee, NOT the owner
  • Must distribute per succession law after death
  • Set in bank accounts, insurance, PF, mutual funds
  • Convenient but insufficient on its own
  • Always pair with a Will

Which Law Applies to You?

Hindus, Sikhs, Buddhists, Jains — Hindu Succession Act, 1956. Muslims — Muslim Personal Law (Shariat), 1937. Christians, Parsis & Special Marriage Act — Indian Succession Act, 1925.