• Validity of grandfather's will

My Grand Father is expired and he create a will on plain paper with 2 Witness . 
Please ask me this will help full for me and will is valid in plain paper .
I want related Legal Section and rulings 

Thanks and Regards
Asked 3 years ago in Civil Law from Dehradun, Uttarakhand
A Will even on plain paper is valid provided it is  signed /  bearing thumb impression  of testator and attested by two witnesses in presence of each other.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.8 on 5.0

A will is a document executed by a testator (person who makes the will) under which he states as to how and in what proportion he wishes his property to be divided between his heirs or to any other person to whom he wishes to bequeath his property. The essential conditions of a will are that
i.	it must be in writing (subject to certain exceptions)
ii.	the testator must sign the will
iii.	 the will must be attested (signed) by two or more witnesses. It must be noted that beneficiaries under a will cannot be attesting witnesses to a will. There is no specified format in which a will is to be made.
Furthermore it could be drawn up on a plain sheet of paper and handwritten by the testator. As per section 74 of the Indian Succession Act, 1925, no technical terms need to be used. However, the intentions of the testator, including the property to be bequeathed and the beneficiaries to whom such property is to be bequeathed to, must be clearly set out. The will must be signed by the testator or his mark affixed thereto or signed by a person as directed by the testator and in the presence of the testator, all in the presence of at least two witnesses each of whom must also sign the will.
In view of aforesaid, if the Will of your grandfather fulfills above mentioned condition, then it is a valid document.
Sudershani Ray
Advocate, New Delhi
192 Answers
38 Consultations

4.9 on 5.0

It is noted that a "Will" needs to be signed by the testator at every page  and will should be  attested by witnesses.  Will is signed by two witnesses because it means they have seen testator executing the Will. Therefore, if the Will is not signed by the testator, then it is not valid.
Sudershani Ray
Advocate, New Delhi
192 Answers
38 Consultations

4.9 on 5.0

Will must be reduced in writing
It must be made by the testator when he is capable of making it -must be sound in mind and body and under no duress,fraud or undue influence
Will must be signed by the testator(the person who makes the will).
There must be signatures of two witnesses in whose presence the will was signed.
It can be handwritten
No requirement of registration of a will or be on a stamp paper.
S J Mathew
Advocate, Mumbai
2173 Answers
100 Consultations

5.0 on 5.0

If the will is not signed by testator and witnesses in all pages it is not a valid will in the eye of law. So it will not help you.his property will be shared equally among all. Heirs.will written on a plain paper is also valid but must be signed by testator and witnesses.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

3.5 on 5.0

From what you described the will appears to be legal and valid.

You will get the answer to your query in section 63 of Indian Succession Act.  It reads as under:

"63. Execution of unprivileged wills.- Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:--

(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.

(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.

(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary."
Nahush Khubalkar
Advocate, Nagpur
57 Answers
12 Consultations

5.0 on 5.0

1) will executed by your grand father is not valid 

2) essential requirement of will as mentioned in section 63 of indian succession act  is that testator must sign the will and it has to be attested by 2 witnesses 

3) in your case will has not been signed by testator nor any mark affixed on the will by testator

4) your grand father will be presumed to have died intestate and property will devolve on all his legal heirs
Ajay Sethi
Advocate, Mumbai
38761 Answers
2174 Consultations

5.0 on 5.0

The Will of your grandfather  since has neither been signed nor any mark affixed thereon by him, the same is invalid.Consequently,his property would be devolved in accordance with law of succession having died intestate.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.8 on 5.0

Are their others putting up a claim to the property? if yes then you are in trouble. Else a will on a plain paper bearing the signature or thumb impression of the deceased with signature of two other witnesses is good enough and doesn't need registration.
Tulika Prakash
Advocate, Gurgaon
113 Answers
76 Consultations

5.0 on 5.0

Dear Querist
The Will created by your grand father is not a valid document without his signature or tumb impression which is done before two witnesses.
Nadeem Qureshi
Advocate, New Delhi
4486 Answers
204 Consultations

4.9 on 5.0

1. Your grandfather's said will is perfectly valid if he has signed the will or put his thumb impression as the testetor,

2. It will not be treated as valid if it has not been signed by him.
Krishna Kishore Ganguly
Advocate, Kolkata
16103 Answers
389 Consultations

5.0 on 5.0

1. The will of your grand father is legally invalid if it has not been signed by him. The signatures by attesting witnesses are inconsequential if your grand father has himself omitted signing the will. 

2. Will can be written even on a plain paper, but it should comprehensively convey the intention of the testator.
Ashish Davessar
Advocate, Jaipur
21805 Answers
595 Consultations

5.0 on 5.0

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