Kapil Asthana 27 June 2023
Sidhhi 27 June 2023
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
T. Kalaiselvan, Advocate (Advocate) 27 June 2023
Yes it is valid, there is no rule mandating the the registration of Will.
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 firstname.lastname@example.org
Dr. J C Vashista (Advocate and Legal Consultant) 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
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.