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Can a Will be Made on Plain Paper in India?

It is very important that a person executes the will during his life time to avoid any clashes in the family after the death of the individual.

Can a will be made on a Plain Paper?

A number of times people do not make a will till the last end thinking that it requires lot of paper work and one may be required to go to a court etc and we dispel this notion by stating that a will can be written on a plain paper and should contain following data to avoid any ambiguity at a later stage.

However to be on the safer side it is better to make a will on a stamp paper and get the will registered with the Registrar. Hand written will on a stamp paper is considered more authentic.  The reason behind authenticity given to a hand written Will is that it can be cross verified afterwards. Registration of the will is the utmost important part of the Will making.  The Will should be registered at the local court by a registrar. It should not be in the absence of the testator. He/she should be present along with the witnesses. The registration is necessary as it makes the Will strong and the legal disputes arising after the passing of testator hold little ground after registration. The Will should be kept for safe custody after its registration in order to avoid forgery.

Will must contain certain Info.

Make sure that following aspects are definitely covered in a will as elaborated below:

(1)   Declaration: A declaration in the case of the will is required that contains details of name, address, age of the person, and that it is written in good sense and without any pressure or coercion from anybody.

(2)   Property details: This is the most important part of the Will. It should contain details about the property or possession attached under Will. Any documents of property should be narrated in the Will of the person.

(3)   Who is the beneficiary? : One who has been made the beneficiaries should be clarified in the will. Without any beneficiary, the will becomes minimal usage as the basic criteria remains unfulfilled. In case of a minor to whom the Will is made in favor, his testamentary guardian. In case of the death of a person, his surviving parent is treated as the guardian.

(4)   Attest your will: It is important that the person making his Will should attest it. Apart from attestation, he should also certify the witnesses at the time of creating a will. The signature or thumb impression should be there on the will. Every page should be signed so as to make the will be authentic. The number of witnesses can be two or more than two, and that should be done in the presence of the testator or the person making the will. The witness should be trusted by the Will maker, and ideally, he should not be part to the will.

Hope that a person makes a will in time and should not consider that it is his last time or person telling them is after their property and has to made with an open mind as it is a responsibility which is to be discharged properly to avoid quarrels post death.

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