Supplementary will

Querist : Anonymous (Querist) 16 September 2025 This query is : Resolved
Hi
I executed a registered will deed 2 years ago in favour of my (2) children dividing equally. One property out of the will Deed, in view of emergency I sold one property and purchased a new flat in my name. In fact this property I sold has been intended to give it to my son. Now I am not in a position to execute supplementary Will before the Registrar of the Registration Department.
My querry is whether I can make a supplementary will on a Rs. 100/- non judicial Stamp paper in favour of my one child to whom I intended to give it. Whether it is legally valid if a get it notarised.
Clarification is requested in this regard.

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You've executed a registered will but later sold a property intended for one child and purchased a new flat. You're asking if a supplementary will on a non-judicial stamp paper, notarised, is valid, especially if you can't visit the Registrar. In India, a registered will can be modified by an unregistered codicil, provided it's in writing, signed by you and two witnesses. While registration isn't mandatory for validity, it adds authenticity. Alternatively, you can create a fresh will, which automatically revokes any previous wills. If you're unable to visit the Registrar, you may be able to arrange for them to visit your home.

T. Kalaiselvan, Advocate (Expert) 16 September 2025
Yes you can write an unregistered codicil to modify a registered will, as long as it is in writing, signed by you and two witnesses, and expressly revokes all prior wills. Registration is not mandatory for a will or codicil to be legally valid in India; rather, it adds a layer of authenticity and reduces the risk of future disputes.

Advocate Bhartesh goyal (Expert) 16 September 2025
Yes , Registered or unregistered will can be revoked/cancelled/modified anytime by testator during his lifetime,it's registration is not mandatory and no stamp duty is required even testator can write will on plan paper.Essential requirment for valid will is it should be signed by testator and two witnesses .

kavksatyanarayana (Expert) 16 September 2025
Yes. You can execute a codicil to the already registered will, signing yourself with 2 witnesses and the scribe, if any. It does not require notarization or stamped paper. But you shall clearly state all the details, mentioning the previous will. If you cannot attend the Registrar's office, as per provisions, you may request the registrar to attend your house to admit the will by paying extra fees for private attendance.

Sudhir Kumar, Advocate (Expert) 17 September 2025
You can write fresh WILL and earlier WILL shall not have any effect even if earlier one is registered and later one is not registered.

Dr. J C Vashista (Expert) 18 September 2025
It would not be a supplementary but a fresh will which shall automatically revoke previous will (s) executed by the Testator.

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