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Kapil Asthana   27 June 2023

Validity of Will written onplain paper and witnessed by two persons.

Is a will written on plain paper and witnessed by two persons is as valid as a registered will ?


 10 Replies

Sidhhi   27 June 2023

As per current laws registration of WILL is not mandatory. Will written on plain paper and witnessed by 2 witnesses is valid.
1 Like

Advocate Bhartesh goyal (advocate)     27 June 2023

Will deed is  neither required to be registered nor stamped,  it can be written on plain paper.A valid will should be signed by testator and two witnesses

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 June 2023

Yes it is valid, there is no rule mandating the the registration of Will. 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     27 June 2023

Agreed with the advise of the above experts.

Niharika Lohan   28 June 2023

Hi Kapil, I’m Adv. Niharika and here is my take on your query.

S.18 of the Registration Act provides that a will does not compulsorily needs to be registered. However, it is advised to register a will, as a registered will has bleak chances of fabrication and is a strong documentary evidence.

Making a will on a plain paper also suffices, provided it has been attested by two witnesses.

In Ishwardeo Narain Singh v Kamta Devi & Ors. AIR 1954 SC 280, the Hon’ble Supreme Court held that non registration of a will cannot be held as a reason for the invalidity of the will.

Again in Rajkishore Panda vs Banitra Madhya Engineering Vidhyapith AIR 1987 Ori 55, the Orissa High Court held Will to be one of the documents under S.18 of the Registration Act, for which registration was held only optional and not mandatory.

Furthermore I’m attaching a relevant article for your convenient reading, please find the link below.

I hope this helps and in case of further questions you can contact me via email at

1 Like

N.K.Assumi (Advocate)     28 June 2023

Agreed with the opinion of the experts, and nothing to add.

Dr. J C Vashista (Advocate )     28 June 2023

Well explained and advised by experts herein above, I endorse and appreciate.

pramod pachhapur (Practicing Company Secretary and Legal Consultant)     30 June 2023

Agreed with opinion of the experts.

Kapil Asthana   30 June 2023

Most convincing and valid answer to my query has been provided by advocate Niharika. Thanks to advocate Niharika for sincere advice.
Kapil Asthana.
1 Like

V.Satya venkatarao (EX Executive Director IFCI)     01 July 2023

Yes. The position is well settled. Execution of a will  on a plain paper with the signature of 2 witnesses is perfectly valid in the eye of law.

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