Will writing procedure

Querist : Anonymous (Querist) 06 February 2022 This query is : Resolved
My mother made a will under my name though the will is not registered she have made only notarized the will with 2 witness attach to it. whether the will is valid or not as the will is not registered.

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A will is legally valid even if it's not registered or notarised, as long as it meets specific criteria. Key requirements include being in writing, signed by the testator, and attested by two witnesses who know the testator. The will must clearly identify the testator, the beneficiary, the property being transferred, and any conditions. It should also confirm the testator's free will and mental capacity, and include the date of signing and details of the witnesses. A will can be written on plain paper and does not require stamp duty.

K Rajasekharan (Expert) 06 February 2022
A Will is legally valid, even if it is neither registered nor notarised.

An article on Will prepared by me may be of some use to you. It is available at https://lawwatch.in/making-a-will-its-legal-aspects/

Sudhir Kumar, Advocate (Expert) 06 February 2022
valid is valid if

1.it is written.
2. attested by witnesses
3. witnesses are know to your mother.
4. it gives clear description of the person making will
5. it gives clear description of the person in whose favour the will is
6. it gives clear description of the property which will tranfer to the legatee.
7. it gives clear description of the conditions if any.
8. it gives clear description of the property being self acquired.
9. it gives clear description of the religion to which the person making will belongs and the religion to which the legatee belongs.
10. it gives clear description of the free will of the persons signing it and that he has no mental infirmity.
11. it gives clear description of the date on which signed and attested (single date)
121. it gives clear description of the details of the attesting witnesses.

Advocate Bhartesh goyal (Expert) 06 February 2022
A valid will requires no registration,no stamp duty, it requires only signature of testator and two witnesses.Will can be execute even on plane paper.

kavksatyanarayana (Expert) 06 February 2022
I agreed with the advice of the above learned experts.

Dr J C Vashista (Expert) 07 February 2022
Very well analysed, opined and advised by experts, I agree.

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