you dont need stamp paper for execution of will
2) if date of execution is one day prior to issue of stamp paper it is suspicious circumstances surrounding the will
3) it creates doubt as to genuine ness of will
What could be the outcome if the stamp paper used for the will has a post date
The person who wrote the will by mistake wrote the date one day prior to the date of issue of the stamp paper used. That is the stamp paper was issued on July 16th 2012, but the person wrote the will has written the date of writing the will as 15th July 2012. What could be the possible outcomes?
Asked 5 years ago in Property Law
Religion: Christian
8 Answers
If the will is ntiarised and notary has further stamped it correct date then there is no issue if not then the hand writing and signature can be verified and defence that by mistake date was written can be taken won't cause much issue.
1. though by law a Will does not require to be written on a stamp paper, your case of a pre-dated Will may have a bearing
2. that could be of fraud or undue influence or misrepresentation exercised on the person who wrote the Will thereby putting a blemish on the authenticity of the Will
3. this defense can be taken by claimants who desire to oppose the Will and the bequests in it
4. but as per law i.e. Indian Succession Act, for a Will to be proved as genuine, only 2 things are required u/s 63 of Indian Succession Act - that is - the testator signed the Will and that was witnessed by two witnesses who have also put their respective signatures on the Will - so the 2 essential requirements are - execution (signature) and attestation (a statement by the witnesses that they saw the testator signing the Will in their presence)
5. so in case there is any contest to this Will - then you will have to be prepared to answer this anomaly - if there is no contest then there is nothing of concern
The will is bad, it needs to be re-casted.
It can,t be proved in a Court of Law.
Dear Client,
Such error can make the will invalid if objected by any legal heir due to suspicious circumstances. If person is alive, can rectify this by executing codicil.
Otherwise, witness of the WILL will be called by court (probate) to confirm when WILL was executed.
1. Will is not required to be executed on a stamp paper.
2. However, in the instant case, the authenticity of the said will can be challenged on the ground that a will is not possible to be executed.on a stamp paper which has been issued after the date of execution of the purported will.
3. If there is no body to challenge the will, probate of it can be availed by the beneficiary/ies wherein all the legal heirs of the executor of the will shall affirm that the will is genuine and the date has been erroneously been put by its executor.
The document shall become invalid if this grave error crept in
The will can be cancelled any number of times and a fresh will can also be made subsequently hence there is no much significance attached to this.
If the testator is living, let him create a new Will with the same contents afresh which will solve the problem
This is my response to you:
1. There won't be any issue regarding the same;
2. Since Will does not necessarily have to be made on stamp paper;
3. It can be made on plain paper as well;
4. As long as the format is perfect then it should not matter;
5. Consult a local lawyer and then go ahead with the probate petition.
