Will
BEENA SINGH
(Querist) 16 October 2013
This query is : Resolved
Dear Sirs,
Suppose if i want to register a will than it is compulsorily to take a print out on stamp paper ? if yes, than what amount of stamp paper required.
Thanks & Regards,
Beena
Sarvesh Kumar Sharma Advocate
(Expert) 16 October 2013
for the registration of a will draft is compulsory !it can be upon plain paper or 100 rs stamp paper!
registrar office will decide the fees !
Anirudh
(Expert) 16 October 2013
Dear Beena,
I appreciate that it is not an academic query. It is a practical problem and people do need practical guidance.
Let me give you a very categorical and unambiguous answer to your query.
The WILL can be drawn on a plain paper.
No stamp duty is payable on the WILL to be registered, therefore the same need not be got typed on a stamp paper.
R.K Nanda
(Expert) 16 October 2013
will is written on plain paper only.
BEENA SINGH
(Querist) 16 October 2013
Thanks to all of you...
prabhakar singh
(Expert) 16 October 2013
A will does not create any inter vivos transfer rather lays a line of succession to take priority over inheritance law and comes in force only after the death of the testator,therefore no stamp duty is payable on a will deed.
A will is not required to be written on any kind of branded paper either(which may be a plain or ruled paper no problem),and it's registration is also optional.
All that is required that it should be written and signed by testator and attested by two witnesses. Typing is also not required. Any body can scribe for testator or even better when testator writes it on his own.
ajay sethi
(Expert) 16 October 2013
agree with experts no stamp paper required .
Devajyoti Barman
(Expert) 16 October 2013
yes, need of stamp paer and registration is only optional.
Unregistered wILL IF PROPERLY EXECUTED IS VERY MUCH VALID.
R.K Nanda
(Expert) 16 October 2013
ADV BEENA,
UR WELCOME.
Kishor Mehta
(Expert) 16 October 2013
With due respect to all experts,
I wish to add that, a Will can definitely be written on a Plain paper,duly executed by the testator and attested by two independent witnesses. It is found that sometimes there is a controversy about the date of the Will, when there are more than one Wills.
Under such circumstances, a Will written on a Stamp paper, value does not matter, is helpful as the stamp paper is always authentically dated with a date stamp.
Good Luck
Kishor Mehta
prabhakar singh
(Expert) 17 October 2013
Agree to the extent of view of Mr. Mehata though that would not be conclusive and there may be many different ways to make date authentic in cases of rival wills.Occasions may arise for change of a will on death bed and stamp and registrar or plain paper might not be available ,only ruled register workbook of the child is there and attending dr. Can not ruled paper be used when there is no plain paper or stamp?Can not a will written on stamp paper be revoked?
The idea was to explore law regarding will and not how in a particular circumstance the modus apprendi for a will should be chosen.
BEENA SINGH
(Querist) 17 October 2013
Yeah.... great idea kishor sir....so...i can use any amount of stamp paper na and how if i can get notarised also.
Thanks for such a nice idea
V R SHROFF
(Expert) 08 November 2013
Registration fees only Rs. 100/- , so better to Register. In that case stamp paper for genuine date not necessary.
Regn is best way.
Register it , taking plain paper
OR IInd alt On Stamp Paper + Notary.
