racersedge345 (supervisor) 05 March 2013

What is a valid will?

My father had given us a written will in which he has mentioned that all his savings, bank accounts can be operated by my mother and the house(in my father's name) can be equally divided between 3 children. He has duly signed and given it in a white paper. Is this a valid document? Is this will be valid or not?

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4 Replies

Goutam Prasad (Advocate) 06 March 2013

WILL can be written on plain white paper and the same is valid whether registered or not. But there are some more requirements too, which includes witness, some mandatory clauses. Hence, I will suggest you seek appropriate legal opinion on showing the same.

Regards

Goutam Prasad

Advocate

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Advocate Kishor Hajare (Advocate) 06 March 2013

Sir,

This will be valid but subject to the attendance and execution of the witness and properly dated.

It should also be remember that, the will comes into operation only after the demise of the testator i.e.the maker of a will.

Also for determining the legality of will, the state of testator i.e.physical and mental condition at the time of making of an will is also be taken care of.

Regards

Kishor Hajare/9930647734/hajare.kishor@rediffmail.com

Advocate Bhartesh goyal (advocate) 06 March 2013

Registration of will is not required in law .For validate the will,it should be signed by testator in presence of two witnesses and their signature on will as witness is essential.

ashok (revenue inspector) 07 March 2013

father left a will ststing that his self earned house be vested in his wife and that after her it should be shared between me and my brother(ground floor to me 7.5 squares) first floor (4 squares) to my brother. my brother is staying in ground floor a nd is refusing to vacate(shift to first floor) what action can be taken to make him to shift to first floor?