Registration of a Will

Legal Eagle (Querist) 02 February 2009 This query is : Resolved
Is a will required to be registered and /or notarised before a Notorial?

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sanjeev murthy desai (Expert) 02 February 2009

Dear Kashmira,

Under section 18(e) of Registration Act will registration is optional. Yes you can do a notarised.

sanjeev desai

Sushil Kumar Bhatia (Expert) 02 February 2009
Yes registration of will is not compulsary A will can be executed on plain paper & in option either to register it or notarize it is essential a will should be written and executed in presence of atlease two witnesses and signatures of witnesses on each and every page is legally necessary.

M. PIRAVI PERUMAL (Expert) 02 February 2009
Registration of will is not compulsory. It may be in own handwriting or type written and signed in the presence of two witnesses. Though registration of will before the registrar or notary is not mandatory.

Murali Krishna (Expert) 02 February 2009
Registration or notarisation, both are not mandatory.

As replied by Sushil Kumar Bhatia and Piravi Perumal, it can be either in own hand written (Holograph will) or type written and it must have two witnesses.

arunprakaash.m. (Expert) 03 February 2009
there is no compulsory for registration of a will under both the indian succession act and registration act. but if you register it will give evidentiary value.

RAKHI BUDHIRAJA ADVOCATE (Expert) 03 February 2009
I do agree with all of my friends. All are absolutely right.

R.S.Rajesh (Expert) 05 February 2009
The registration of a will is optional and notarisation is also in not a legal requirement. But,it has to be attested by two independent witnesses and each one of them shaould have signed in the presence of the Testator/before his presence.But, I do not think their signature is necessery on each page of the will.For a valid execution of the will, the same should be got attested by 2 witnesses as stated above.

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