Is handwritten and unregistered will valid in India?

[Anonymous]

If I prepare a handwritten will and do not register it, what is its legal status? Is it valid? I am going to write the will in my own handwriting and all my family members can recognize my handwriting.

[Dr. Ashok Dhamija]

Yes. A handwritten and unregistered will is valid in India. However, it should have been attested by two witnesses whose signatures should be present on the will. Also, the signature of a doctor certifying that the person making the will is mentally sound and healthy to make the will is preferable.

Having said that, it is not necessary that the will should be registered or that it should be typewritten. At the same time, if a will is registered (though it not mandatory), it would be better since that furnishes further proof of its genuineness.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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