Is handwritten will on paper valid
05-Apr-2023 (In Wills / Trusts Law)
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Deepak
Is there any Supreme Court judgments holding a will on plain paper is valid
Reply by LawRato
The Supreme Court has through judgements like - Kavita Kanwar v. Mrs Pamela Mehta & Others (2020), Mahesh Kumar (Dead) By L.Rs. v. Vinod Kumar and others (2012), H Venkatachala Iyengar v. B N Thimmajamma & Others (1959), held that a will on plain paper can be valid if it fulfils the essential requirements of a valid will under the Indian Succession Act, 1925.
Here are some of the requirements:
- The will must be executed by a person who is of sound mind and not under any undue influence, fraud or coercion.
- The will must be attested by two or more witnesses who have seen the testator sign or affix his mark on the will or have received some personal acknowledgement of his signature or mark from him.
- The will must clearly express the intention of the testator to dispose of his property after his death and must identify the beneficiaries and the properties bequeathed to them.
- The will must not be revoked by any subsequent will or codicil or by any act of the testator indicating an intention to revoke it.
The Supreme Court has also held that a will does not require any stamp duty or registration to be valid and that it can be written on any paper, including plain paper. However, the burden of proving the genuineness and validity of a will lies on the person who propounds it and he has to remove any suspicion surrounding its execution.
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