ajay (proprietor) 07 October 2010

wil deed

is it necessary that a wil should be in a stamp paper?

Reply Follow

4 Replies

DEEPAK ASSOCIATES (08010117611) 08 October 2010

not at all

Raji Reji (Legal Assistant) 13 October 2010

It is not mandatory that the Will must be written in the stamp paper. But it must be in writing except in case of Mohammedans, who under their personal law can make an oral will. There is no requirement under law that it must be a registered document. But for the sake of avoiding disputes and all it is advisable that a will should be registered. Below are the some of the essential requirements while drafting a will.

It must be signed or marked by the testator or signed by some other person in the presence and under the directions of the testator.
The signature or mark must be made at such place of the document that it must appear that it was intended thereby to give effect to the writing as a will. Therefore the signature can appear or be made (a) on the top of the will (b) at the end of the will (c) in the testatum clause, (d) in the right hand margin of the will (e) even in the envelope containing the will unsigned.
The signature or mark of the testator must be attested by at least two witnesses who must have seen the testator or some other person aforesaid signing or putting his mark and have put their signatures in his presence and at his direction or the testator must have acknowledged his signature or mark or of the other person and the witness must sign in the presence of the testator.
It is not necessary that the two witnesses must present at the same time.
A will can be attested by any person including a minor and even if he is a legatee or executor under the will provided that in the case of a legatee who is not a Hindu, Buddhist, Sikh or Jain or Mohammedan the request made to him or his wife or husband or any person claiming under him, will be void if he is an attesting witness.