Unregistered Will and property transfer: Is a release deed mandatory in India? Know the legal position

An unregistered Will is legally valid in India if it is properly executed and attested by witnesses. However, a Will does not automatically transfer property ownership. It merely expresses the testator's intent to transfer assets. To actually transfer the title, the beneficiary must execute a release deed. This document relinquishes the beneficiary's rights to the property in favor of the legal heir, effectively transferring ownership.

This distinction is crucial for investors. A beneficiary holding a Will but lacking a release deed does not hold the legal title to the property. This can lead to disputes and delays in transactions. Investors should verify that the transfer of assets is completed through proper legal documentation, such as a release deed, to ensure clear ownership and avoid future complications.