Notorized property document

Nagarajan Arumugam (Querist) 04 October 2025 This query is : Resolved
Respected Sirs, In a circumstance, Notarized property WILL document has to be declared to the court as null and void by the legal heirs and the property owners sibilings (Property owner passed away). Is it possible to do so? What are all the impact of such declaration?

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Challenging a notarised property Will in court is possible, but requires substantial, documented evidence. You'll need to prove the Will was made under coercion, force, or fraud. Simply being notarised or unregistered doesn't invalidate a Will; the key is demonstrating suspicious circumstances surrounding its creation. If a witness can attest to the testator's signature, it strengthens the Will's validity.

T. Kalaiselvan, Advocate (Expert) 05 October 2025
Notarised or an unregistered Will is also legally valid.
If you want to declare it null and void you should have substantial reasons with authentic documentary evidences to establish your pleadings and to achieve your aim to get the same declared as null and void.
Once the Will has come into force, it will be difficult to prove the same until you have proofs to prove that it was written under coercion or force or by playing fraud.

kavksatyanarayana (Expert) 05 October 2025
Yes. Whether a Will is not registered/notarised but the executant and 2 witnesses signed, is valid. Why declare the property as null and void? Is there any reason? If so, you produce sufficient reasons with documentary evidence to declare it as null and void.

Advocate Bhartesh goyal (Expert) 06 October 2025
Registration /Notarization of will is not compulsory a will written on plan paper is also perfectly valid if it bears signatures of testator and two witnesses so on ground of notarized, will can not be declared as null and void.For getting declaration of a will null and void you have to prove that will is surrouned by suspicious circumstances.

Dr. J C Vashista (Expert) 06 October 2025
The notarised will is valid if either of the witness deposed before the court (when it is challanged) and stated that the Testator of the Will has signed in his/her presence.

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