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validity of an unregistered will written on white paper


Please help me to understand that what are all the ways someone can write a WILL to the blood relation for the legally self earned immovable assets? 

Two years back ,My grand mother (Mother of my mother) wrote a WILL (With the help of a Gazetted Officer) on my elder sister's name IN THE WHITE PAPER for a self earned agri land.

Few info about the will,
    - We are Hindus
    - WILL has not been registered
    - 2 # of witnesses signed
    - Written date not specified on the will    
    - 2 month back,One of the witnesses (My grand father) has passed away    
    - Before get it on my sister's name, there were a registered will for the same asset on my relation name, which was cancelled in the  sub-reg office (where it was initially registered) by my Grand mother.
    - I understand that my grand ma can rewrite/cancel the current one with/with out our knowledge
    - Confidently there is NO other latest WILL apart from the one on my sister's name
    - Grand mother still alive and live with my sister
    
Now,the questions I have here are
    Is this the WILL (written on white paper) legally valid on my sister's name?
    Few of our well wisheres are saying that having unregistered WILL is not legally valid and it has no value. Is that true?
    what are all the ways someone can write a will to the blood relation (for the legally self earned IMMOVABLE assets)? 

Thanks in advance!

 
Reply   
 

1] will written on white paper is valid.

2] will need not be registered but registered will has certain advantages.

3] this link may help you:

http://www.legallyindia.com/Wills-Probate/how-to-make-a-will-and-why


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legal advisor

the will is perfectly valid if it contains the signature of the two witness along with the testators signature even when not registered.

if your grand mother wishes to give you the property during her lifetime also she can do it by making a gift deed in your favour


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advocate/counsel supreme court

white paper will is vlid provided it is probated under testamentary jurisdiction of yr state high court or other valid testamentary courts, after all except in charter high courts, dstrict civil courts could probate the will by its laid down procedure.


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lawyer

Un registered will is valid if it is properly executed..


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advocate/counsel supreme court

white paper will is indeed valid , but get it executed you  need to get probated pls, that is the fact of law. if not the will would get contested.


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advocate/counsel supreme court

definitely registration of will is not a mandatory requirement, so no need to register with any registrar is obvious.


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Advocate

Written will on white paper is valied will provided it is written in the presence of witness and signed by both the testator and witnesses.n also specify the date on which will is made.

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Thank you all for your quick responce on this.. 

Mr. Ompal Aggarwal, date,when the WILL was prepared had not been specified.if Any part of the WILL indicates the date when it was written (E.g, signature of witnesses or the testator  or in the ) should be valuable? Having NO date would cause the issue on validity ?

 
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legal advisor

the date needs to be specified like the will is made onn such and such date and it is the last valid will to be made by the testator and all other wills thats made earlier will be considred to be invalid

 
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