Will and notary
aruna tondon
(Querist) 06 November 2011
This query is : Resolved
A person made will on stamp paper and made notary requires any other
additional legal process for the heirs to handover their property
A V Vishal
(Expert) 06 November 2011
The will must be attested by atleast two independent witnessess. however in law registration of will is optional but none the less advisable. The property will go to the beneficiaries only upon death of the testator.
Sailesh Kumar Shah
(Expert) 06 November 2011
There is no need to make will on stamp paper. rest agree with Shri A V Vishal subject to if, Agricultural Land situated at UP, WILL must be registered.
ajay sethi
(Expert) 06 November 2011
no stamp paper is required for making will. needs 2 attesting witness preferbaly a doctor and a lawyer
adv. rajeev ( rajoo )
(Expert) 06 November 2011
The entire procedure is wrong. Notarized will is not a valid will. The will should be attested by at least two wittnesses. STamp paper is not necessary to write a will, even it can be written on white paper.
prabhakar singh
(Expert) 06 November 2011
read section 63 of indian succession act to remove all your headache .
prabhakar singh
(Expert) 06 November 2011
63. Execution of unprivileged wills.- Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:--
(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.
