RAVI KIRAN 30 November 2015

Validity of an unregistered will written on white paper

my wife's grandfather has left his last will/testament on a piece of white paper for the three fixed deposits in nationalised bank but the will is not witnessed by anyone, is this will valid, is witness for a secret will compulsory.

he might thought if he witnessed his will he might face life threat by beneficiaries or so, please reply

1).Who can witness the last will

2).Can testator's granddaughter's husband can witness the will

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6 Replies

JustAdvisor (IT) 30 November 2015

I am presuming that your wife's grandfather is a Hindu in which case Indian Succession Act, 1925 applies and as per section 63(c), at least two witnesses are necessary.

For answers to your questions, please read sections 63(c), 67, and 68 of Indian Succession Act, 1925.

Adv. Yogen Kakade (+ 91 9225510883) 30 November 2015

Hi,

It is not necessary that the will should be written on a stamp paper or should be registered.

Even though the will written on plain paper and not registered is also legally valid. But the will has to be signed by two or more witnesses.

Generally the content of the will is not revealed to the witnesses. The witnesses are merely to verify that the person making the will has signed this will and while signing this will he was in good health condition. Witnesses for the will are the witness to the signing of the will by the maker and not for verification of the content of the will.

The witness can be anybody with major age and sound mind.

Adv. Yogen P. Kakade

Jurycon Incorporation

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