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WRITING THE WILL

(Querist) 02 January 2009 This query is : Resolved 
PLEASE ANSWER THE FOLLOWING QUERIES ON WRITING OF A WILL:
1)Whether a will has to be written on a stamped paper or a plain paper?
2)Whether a will has to be registered in a registrar's office or not?
3)Whether any witness has to sign the will?
If so,how many witnesses?

R.Rajendran
KAMARAJ BHARATHY G (Expert) 02 January 2009
1. stamp paper is not necessary to make a will
2. Registration is no mandatery but it will be safety
3. two witness is necessary
If you want further details 9198942 99192
RAKHI BUDHIRAJA ADVOCATE (Expert) 02 January 2009
There is no need of stamp papers to write a will & no need of registration as it is not mandatery. Signatures of two witnesses is mandatery.
Suggestion- although registration of will is not mandatery but registration make a will & its future safe.
For further querries & help u can contact me at :rakhibudhiraja@gmail.com
Mb.-09711364956
Off- BUDHIRAJA & ASSOCIATES
(ADVOCATES & LEGAL CONSULTANTS)
DELHI HIGH COURT
253, AGGARWAL SHOPPING COMPLEX, CD-BLOCK, PITAMPURA, DELHI-110088
A. A. JOSE (Expert) 02 January 2009
I endorse the views expressed by both the above experts. Two attesting witnesses must be imperative. Testator should not be influenced by any one and he should make his independent will. It is advisable to get the will registered to avoid future complications. The attesting witnesses should ideally be of younger age than the testator. No prescribed format necessary and no stamp paper mandatory.

Wishing you all a very Happy and Prosperous New Year 2009.

A.A.JOSE

PALNITKAR V.V. (Expert) 04 January 2009
i agree n appreciate
Adv.Shine Thomas (Expert) 10 January 2009
According to Indian Succession(Amendment) Act of 1926,a will is required to be in writing signed or marked by the testator or any other person in his presence and by his direction and attested by at least two witnesses.Each of the attesting witnesses should sign the will in the presence of the testator.(Secs 63 to 65)


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