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KISHORE KUMAR Joshi   11 December 2023

Notarized Will

Is Notarized Will legally a valid document?


Learning

 4 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     12 December 2023

It is valid, if witnessed by two adult persons and properly executed by the testator in a sound and deposing mind and health.

Even if the will is not attested by a notary public, the will is valid, when it is witnessed.

Real Soul.... (LEGAL)     12 December 2023

There is no need of notrization or registration for a will, just to be written and witnessed. If it is Notrized that is better 

Advocate Bhartesh goyal (advocate)     12 December 2023

Notarized will ,if duly witnessed and signed by testator then it is as valid as registered.

Sanskriti Tiwari   12 December 2023

A notarized will is considered a valid legal document. The Indian Succession Act, 1925, governs wills in the country. Section 63 of the Act specifies that a will needs to be signed by the testator (the person making the will) or by someone else in their presence and by their direction. It also requires the signature to be attested by two or more witnesses who have seen the testator sign or affix their mark to the will.

Notarization, while not mandatory, can add an extra layer of authentication to a will. When a will is notarized, it means a notary public has authenticated the identity of the person executing the will and has witnessed its signing. This can strengthen the document's credibility in case of any future disputes.

However, a notarized will does not necessarily guarantee its validity. It must adhere to the legal requirements outlined in the Indian Succession Act. Therefore, while notarization can enhance the credibility of a will, its legal validity primarily depends on adherence to the requirements stipulated under the Indian Succession Act.

 


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