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Will
3 years ago
Self written will is valid or it needs to be registered for transfer of property after death
A.I have gone through your query in detail.
Yes, Self written WILL is Valid
1. As a writer of the will, or testator, you must be at least 18 years of age.
2. You must have testamentary capacity, and must state in writing that you are of sound mind and are writing the will of your own accord.(All the properties must be Owned by you currently)
3. A statement declaring the document as your will must be included.
4. An executor may be appointed if possible & there should be beneficiary
5. If the will is not written in your handwriting (i.e., typed), you must sign the will and it must be attested to by two witnesses who are not beneficiaries and who saw the will signed by you.
6. Though it is not necessary to register a will, but the Law recognizes a Registered will when the execution of a will is disputed and when there is an unregistered will. The provisions relating to registration of the will have been given in sections 40 and 41 of the Indian Registration Act. The testator, after his death, or any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub Registrar for registration. No time limit has been prescribed for registering the will and a will may be presented for registration at any time.’ A will presented for registration by the testator may be registered in the same manner as any other document.
Yes, Self written WILL is Valid
1. As a writer of the will, or testator, you must be at least 18 years of age.
2. You must have testamentary capacity, and must state in writing that you are of sound mind and are writing the will of your own accord.(All the properties must be Owned by you currently)
3. A statement declaring the document as your will must be included.
4. An executor may be appointed if possible & there should be beneficiary
5. If the will is not written in your handwriting (i.e., typed), you must sign the will and it must be attested to by two witnesses who are not beneficiaries and who saw the will signed by you.
6. Though it is not necessary to register a will, but the Law recognizes a Registered will when the execution of a will is disputed and when there is an unregistered will. The provisions relating to registration of the will have been given in sections 40 and 41 of the Indian Registration Act. The testator, after his death, or any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub Registrar for registration. No time limit has been prescribed for registering the will and a will may be presented for registration at any time.’ A will presented for registration by the testator may be registered in the same manner as any other document.
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ARSHAD ALI ZAIDI ADVOCATE
Responded 3 years ago
A.Self-written will is valid. The law does not mention the procedure for any special registration in respect of the will, nor is there any obligation on it, but my personal advice is to register the will!
The will can be prepared on a plain paper. But it can also be registered to avoid doubts on its reality. If a person wants to get his will registered, he has to go to the sub-registrar's office along with the witnesses. There are sub-registrars for various districts which help in registering the will. After a legal proof is registered, the will becomes a powerful legal proof.
Protection of a will The Indian Registration Act, 1908 provides for the will to be protected. A sealed envelope of the will, written in the name of the testator or his agent, can be submitted to any registrar for security.
The will can be prepared on a plain paper. But it can also be registered to avoid doubts on its reality. If a person wants to get his will registered, he has to go to the sub-registrar's office along with the witnesses. There are sub-registrars for various districts which help in registering the will. After a legal proof is registered, the will becomes a powerful legal proof.
Protection of a will The Indian Registration Act, 1908 provides for the will to be protected. A sealed envelope of the will, written in the name of the testator or his agent, can be submitted to any registrar for security.
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A.Better it be registered as so many suspicious circumstances will arise after your death. Getting registered wth some one else is no harm .
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Discuss to clear doubts. Please give me Rank 5 if you feel my answer helped you.
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