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Venugopal (Sr.Exe)     29 March 2011

Unregisered Will

Can I make a Will without registering it and without having any witnesses? Will it be legal?



Learning

 8 Replies

M.Sheik Mohammed Ali (advocate)     29 March 2011

no, you must read 

 

 

The Indian Succession Act, 1925, a will has been defined as follows:
"A Will is the legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death." Important postulates of a will are as follows:

  • Legal declaration: A Will is a legal declaration. The documents purporting to be a Will or a testament must be legal, i.e. in conformity with the law and must be executed by a person legally competent to make it.. It must be signed and attested, as required by law.
  • Disposition of property: The declaration should relate to disposition of the property of the person making the Will.
  • Death of the Testator: A will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator. It has no effect during the lifetime of the testator. The testator can change his will, at any time prior to his death, in any manner he deems fit.
  • Revocability: The essence of every Will is that it is revocable during the lifetime of the testator.

PERSONS COMPETENT TO MAKE A WILL

  • According to Section 59 of the Indian Succession Act,
    • Any person of sound mind
    • Who has reached the age of majority
  • The following persons cannot make a will:
    • Lunatics, insane persons.
    • Minors i.e. below 18 years of age. In case a guardian is appointed to a minor, ;such minor reaches age of maturity only at the age of 21 years. 

Shantibhushan (Advocate)     29 March 2011

Your can get your answere after reading htis article.

https://www.lawisgreek.com/creating-a-valid-will-under-the-indian-succession-act/

sheela subbarao (Advocate)     29 March 2011

It is not mandatory to register the WILL, ito avoid controversies and litigation, it isbetter to register. Otherwise, the WILL should be attested by two witnesses. They may not know the contents of the Will, but should be attested by  the witnesses  

Rayomand (Lawyer)     29 March 2011

It is not mandatory That the Will is Stamped & duly registered, to avoid controversies and litigation, it is always better to register. Otherwise, the WILL should be mandatorily attested by two witnesses. The Witnesses  may not know the contents of the Will, but should be attested by  the witnesses  

H M Suthar (Cooperative societies consultants)     30 March 2011

A will must be witnessed by two persons. It is not required to be registered compulsorily.

H M Suthar

vishal kapur (Criminal Lawyer)     31 March 2011

yes Will is not a compulsory registrable document. It can also be oral

raj kumar ji (LAW STUDENT )     06 April 2011

ANS FOR VENU GOPAL -YES U CAN MAKE A WILL WITHOUT REGISTERED ,

                                             NO ,TWO WITNESS IS MUST

       WILL IS NOT LEGAL WITHOUT ANY WITNESS

Ramadevi (Advocate)     15 April 2011

HI,

The WILL under law is not required to be compulsory registered. It can be executed even on a plain paper and it can be fully valued even if unregistered. However, in order to avoid future discrepancies and confusion and confirm the validity of  a Will the will is required to be attested by witnesses, so as to confirm the contents of the will.


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