Is will made at home a valid will?

860 votes

Ordinarily, if you are a Hindu, this may be valid. It has to be signed by the testator and 2 witnesses who has seen the testator putting his signature. It may be noted that the aforesaid is only the basic requirement and its mere compliance may not make a Will valid. All the applicable provisions of the law and more particularly Indian Succession Act has to be duly complied with in order to make a Will valid.

Advocate Saugata Nath Mitra LawRato

625 votes

A will made at home is a valid will provided it is signed by the testator (person making the will) and it is attested by two witnesses. The requirements of making a valid will is as follows:

(a) The testator shall sign or shall affix his mark to the Will, or it shall be signed by some other person in his presence and by his direction.

(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a Will.

(c) The Will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the Will or has seen some other person sign the Will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgement of his signature or mark, or the signature of such other person; and each of the witnesses shall sign the Will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.

Advocate Rohitendra Chandra Deb LawRato