Plain paper will

Dear Sir,

A plain paper Will is not automatically invalid, as long as:

It is handwritten or typed

Signed by the testator

Attested by two independent witnesses

But institutions will NOT act on it unless a court order validates it.

That is why the depository is insisting on a Succession Certificate.

Dear Client,
A succession certificate is a court-issued document that authorizes legal heirs to deal with a deceased person's movable assets like bank deposits, stocks, insurance claims, and securities etc. A succession certificate is crucial for heirs to claim or collect outstanding debts, claim insurance policies, and transfer securities (like stocks and debentures) due to the deceased. Banks, companies, and other financial entities require the succession certificate as legal authority to settle and release the deceased's financial assets to the legal heirs of the deceased. A succession certificate serves as conclusive proof for financial institutions that the holder is the rightful person to claim the movable assets of the deceased the protects them from further liability. To obtain a succession certificate from the District Court, legal heirs must file a petition providing necessary documents like the deceased's death certificate and proof of relationship, Proof of identity, and address of the legal heirs and any other documents relevant to the case and after hearing the parties, the court will issue a public notice inviting objections before granting the succession certificate to the legal heir/applicant. Post filing of petition in the Court and issue of public notice, if there are no objections, then the Court grants the succession certificate to the petitioner. Further, be informed that a will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. The Supreme Court in the case of Saroja v. Santhil Kumar (2010) has held that an unregistered Will is valid and enforceable in law. Hence, in the given scenario, it is recommended to consult with a Advocate to obtain a succession certificate as asked by the stock exchange.