One will executed on Rs. 10/- Stamp paper and duly notarized, is it valid in the eye of law or not please give me any verdict of Supreme Court or any other Higher Court of India. It is very urgent for me.
Asked 5 months ago in Civil Law from Kolkata, West Bengal
1) will need not be on stamp paper
2) it is necessary that will is signed by testator and attested by 2 witnesses
3) registration of will is optional
4) will is valid
It the Will is duly signed by the maker of the Will and two witnesses have also signed in presence of the maker of Will then it is very much valid.
Law says it is valid. I am not sure why you are seeking decisions on this.
If you have got doubt feel free to contact.
1. WILL can be executed on a plain paper also and it's not necessary that it should be executed only on stamp paper but there should be 2 witnessess whose signatures are a must.
2. Whether it is a notarised one or not is not that important and the Testator' S and 2 witnessess' S signatures are a must.
The Will is valid even draft on blank paper, stamp paper is not mandatory.
Under section 18 of the Registration Act the registration of a Will is not compulsory. Also, the SC in Narain Singh v. Kamla Devi has held that mere non-registration of the Will an inference cannot be drawn against the genuines of the Will.
Feel free to Call
Advocate, New Delhi
A will can be written even on a plain paper. It is not required to be mandatorily registered. No SC or HC verdict is required as this is basic law which is known to every legal mind.
1. Will is not required to be notarised or registered to be valid.
2. A well drafted will properly executed in right mind in presence of two witnesses is valid.
3. You are required to see whether there are two witnesses and the willed properties have been clearly mentioned or not.
4. Will without grant of probate has no value for which the beneficiaries are required to file an application for grant of probate before the Court wherein the other legal heirs will be sent notice and they will get the chance to contest the will if they so wish.