By Arosh John | Founder – John Real Estate (MahaRERA Reg. No. A51700001835), Editor-in-Chief – Thane Real Estate News (TREN)
Thane | December 2025
A Will is one of the most important legal documents a property owner can create. Yet, in Thane, many property-related disputes arise not because of fraud, but because a Will was never made, was unclear, or was misunderstood.
This guide explains what a Will is, how to make one, whether registration is required, and how Wills are treated in Thane property transactions, with a specific focus on flats, apartments, and jointly owned properties.
1. What Is a Will?
A Will is a legal declaration by a person (called the testator) specifying how their assets should be distributed after their death.
In real-estate terms, a Will determines:
- Who inherits a flat or a deceased owner’s share in a flat
- Whether ownership passes to one person or multiple heirs
- How disputes among family members can be avoided
A Will has no legal effect during the testator’s lifetime. It becomes operative only after death.
2. Is a Will Legally Valid Without Registration?
Yes. Registration of a Will is not compulsory under Indian law.
In Thane:
- An unregistered Will can be legally valid
- Courts do not reject a Will solely because it is unregistered
- Buyers and housing societies primarily assess legality and clarity, not registration alone
That said, registration adds an extra layer of evidentiary strength.
3. When Does a Will Become Legally Effective?
A Will becomes effective only upon the death of the testator.
After death:
- The beneficiary must establish the Will’s authenticity
- Ownership does not pass automatically
- Legal recognition is usually required before sale or transfer
For property transactions in Thane, this recognition is often achieved through Probate, depending on the circumstances.
4. What Makes a Will Legally Valid?
For a Will to be legally enforceable, it must meet all of the following conditions:
- The testator must be of sound mind
- The Will must be made voluntarily, without coercion
- The testator must sign or affix a thumb impression
- At least two witnesses must attest to the Will
- Witnesses should ideally not be beneficiaries
If any of these elements are missing, the Will may be challenged.
5. Who Can Make a Will?
Any person who:
- Is 18 years or older, and
- Is of sound mental capacity
can make a Will.
This includes joint property owners, senior citizens, NRIs, and single or married individuals. Gender, religion, or marital status does not restrict the right to make a Will.
6. How to Make a Will in Thane (Step-by-Step)
Step 1: Clearly Identify the Property
Mention the building name, flat number, nature of ownership, and share, if applicable.
Step 2: Clearly Identify the Beneficiaries
State full names, relationships, and exact entitlements. Avoid vague language.
Step 3: Appoint an Executor
The executor implements the Will and coordinates with courts, including applying for Probate where required.
Step 4: Draft the Will
A Will may be handwritten, typed, or drafted by a lawyer. Clarity matters more than format.
Step 5: Sign Before Two Witnesses
Ensure witnesses are adults, independent, and understand they are attesting a Will.
7. Should You Register a Will in Thane?
Although not mandatory, registration is strongly recommended, especially for property owners.
Benefits of Registering a Will
- Reduces the chances of forgery allegations
- Improves evidentiary value
- Makes future legal processes smoother
- Increases buyer confidence during resale
Wills can be registered at the Sub-Registrar’s Office in Thane by paying the prescribed fee.
8. Is Probate Always Required for a Will in Thane?
Probate requirements depend on legal provisions and jurisdiction.
In practice:
- Probate is not automatically compulsory for every Will in Thane
- However, buyers, housing societies, and advocates often prefer Probate to establish a clean title
In real-world Thane resale transactions, Probate is widely treated as the safest and most accepted route, even where the law may not strictly mandate it in every case.
Editorial Note
Probate frequently confuses property owners in Thane. Given its legal and practical importance, a separate, detailed explainer on Probate—covering when it is required, when it is advisable, and how the process works in Thane—will be published next on Thane Real Estate News (TREN).
9. If a Person Dies Without a Will
If a person dies without a Will, succession is governed by the applicable personal law.
In such cases:
- Legal heirs must obtain a Court Heirship Certificate / Heirship Order
- Ownership transfer and resale may take longer, particularly where multiple heirs or minor children are involved
This is one of the strongest reasons property owners are advised to execute a Will during their lifetime.
Also READ: Selling a Flat in Thane After an Owner’s Death: Will, Court Heirship & Release Deed Explained
10. Common Mistakes Thane Property Owners Make
- Assuming nomination equals ownership
- Delaying Will creation
- Using unclear language
- Not updating the Will after purchasing property
- Ignoring jointly owned property implications
These issues usually surface only during resale.
11. Why a Will Is Especially Important for Thane Property Owners
Thane has high resale activity, frequent joint ownership, growing NRI participation, and high-value apartments and villas.
A properly drafted Will:
- Prevents family disputes
- Protects minor children
- Reduces buyer objections
- Preserves property value
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and the Editor-in-Chief of Thane Real Estate News (TREN). With over a decade of hands-on, transaction-level experience, he is widely recognised as one of the most trusted and knowledgeable real estate experts in Thane.
He is regarded as a go-to real estate consultant in Thane for villas, premium apartments, high-value resale properties, and succession-linked real estate advisory, including guidance for families, senior citizens, and NRIs. His work frequently involves complex ownership structures, inheritance-related transactions, and documentation-sensitive resale cases where legal clarity and risk mitigation are critical.
Through Thane Real Estate News (TREN), Arosh combines on-ground market experience with regulatory understanding to publish fact-checked, legally accurate, and insight-driven content on Thane’s evolving real estate landscape. His advisory-first approach, emphasis on clean titles, and consistent engagement with real transactions have positioned him as one of the best real estate agents in Thane and a trusted authority for villa consultancy and premium residential advisory in Thane.
Disclaimer
This article is intended for general informational purposes related to property and succession planning in Thane. Legal requirements may vary depending on specific facts and circumstances. Readers are strongly advised to consult a practicing advocate or lawyer specialising in wills, succession, and property law before drafting or registering a Will.
