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b2bhandshake (Consultant)     18 November 2017

Unregistered will

I have will document on a 2 rupee stamp paper drafted by my lawyer. The will granting my father's property to me was signed by my father and notarized with 2 witnesses.

Later the notary mentioned that the Will needs to be on 200 Rupee stamp paper. 

  • Is it necessary to re-do the will in a 200-rupee stamp paper if I DO NOT plan to register the will ?
  • Is the currently drafted ans signed will legaly enforceable ?

 

 



 2 Replies

Vijay Raj Mahajan (Advocate)     18 November 2017

A Will can be written on plan white paper, duly signed by the testator and have 1-2 witnesses signing along with the testator. No stamp paper required for drafting the Will. The Will can be registered with the Registrar/Tehsildhar of the district or got attested by notary if it’s so desired otherwise without these two formalities the Will is still valid if made by testator of age of majority (more than 18 years) and without any force or undue influence or fraud and for the property/cash/estate etc self-owned by him .

If Will is got registered the cost is Rs100/- in most cases otherwise unregistered Will as told can be on plan white paper, rest if it is made on non-judicial stamp paper that is entirely the persons/testator's own decision.

b2bhandshake (Consultant)     18 November 2017

Thanks. This really helps. The Notary may have intended for registration, which I don't need to do


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