1. Role in Will Registration (Sub-Registrar Function)

The primary role of the Sub-Divisional Magistrate (SDM), or the relevant Sub-Registrar of Assurances, takes place while the Testator, the individual who created the Will, is still living.

Registration is Optional: According to the Registration Act of 1908, it is not compulsory to register a Will for it to be valid; however, it is strongly advised.

Official Witness: When a Will is registered, both the Testator and two witnesses must present themselves before the Sub-Registrar. The officer documents their identities, confirms their signatures, and registers the Will.

Legal Significance: The act of registration establishes a permanent public record of the Will’s existence and its execution on a designated date. This serves as compelling evidence of the Will’s authenticity and significantly complicates any future attempts to contest the Will’s execution on the basis of fraud or coercion.

Custody: The registered Will is kept securely at the Registrar’s office, and typically, only certified copies are issued to the Testator.

2. Role in Property Transfer After Death (Revenue Function)

After the passing of the Testator, the office of the SDM is tasked with the responsibility of updating governmental records pertaining to immovable property (such as land and houses) in accordance with the Will.

A. Mutation of Property

Process: Mutation refers to the procedure of altering the title or ownership records (revenue records) within the government’s database (including the Jamabandi or Khatauni) from the name of the deceased individual to that of the beneficiary specified in the Will.

Authority: The local revenue officials, including the SDM or Tehsildar, are the authorized personnel to sanction and execute this mutation.

Requirement of the Will: Typically, the beneficiary is required to present the original registered Will (or a court-validated copy/Probate, if necessary) along with the death certificate and a formal application to the SDM’s office to commence the mutation process.

Administrative Action: The mutation process is strictly an administrative task aimed at revenue collection and record maintenance; it does not grant absolute legal title. The true title is derived from the Will itself, which falls under the domain of civil law.

B. Issuance of Legal Heir Certificate

Context: While a Will dictates testamentary succession, the SDM’s office is also responsible for issuing the Legal Heir Certificate (or Surviving Member Certificate), which enumerates all legal heirs of the deceased.

Usage: Although this certificate is primarily utilized in instances of intestate succession (where there is no Will), it is frequently requested by the SDM’s office or other administrative entities (such as banks or pension offices) as an initial document, even when a Will is available, to verify the beneficiaries’ relationship to the deceased.

Jurisdiction: The SDM issues this certificate in accordance with state-specific revenue regulations, and it acts as preliminary evidence of relationship for administrative ease, particularly for the purpose of claiming non-disputed assets such as pensions, government benefits, or bank accounts with lower values.