In India, the registration of a will is not mandatory, but it can be done voluntarily with the sub-registrar of assurances. When a will is registered, the original will document is typically retained at the registrar's office. However, the absence of the original will at the registrar's office does not necessarily invalidate the will. Here are responses to your questions:
Q.1: It is not necessary for the original will to be located at the registered office to be considered valid. A will can be valid even if it is not registered at all. The key factors that determine the validity of a will are generally its proper execution, the mental capacity of the testator (the person making the will), and the absence of undue influence or coercion.
Q.2: If the original will is not present at the registrar's office, and there are disputes or doubts regarding the existence of the will, it can indeed raise concerns. However, the fact that one beneficiary has the original copy and is producing it can be strong evidence in favour of the will's authenticity.
It's important to understand that the absence of the original will at the registrar's office does not necessarily mean the will is invalid. The legal validity of the will primarily depends on compliance with the legal requirements for wills, including proper execution.
In a situation where one beneficiary is producing the original will, and the other beneficiary denies its existence or authenticity, the matter may need to be resolved through legal proceedings. The court can examine the evidence, including the original will and any other relevant documents, and make a determination regarding the will's validity.