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Is handwritten will on paper valid


05-Apr-2023 (In Wills / Trusts Law)
My grandfather died 1 month back My grandfather wrote a will in a plain paper and I want to know it's valid legal or not . he signed the will in end with 2 signatures of witnesses but it's not registered and in the will he wrote that his assets will divide into 50:50 between two sons i.e my father and my uncle and my uncle suddenly withdrawn all amount from his ATM recently and my grandfather transfer his car to my father 2 years back but my uncle claim that the car is in the name of his in other registered will what should we do please suggest us
Answers (1)

Answer #1
526 votes
Will written on plain paper is perfectly valid if signatures of two witnesses are there. Will does not required to be registered. You should go to court for "probate" of the will and should obtain an injunction against your uncle restraining him from further disposing of properties of your grandfather. If he says that he is having another registered will then he will have to produce it before the court.

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Comments by Users

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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