Legal Question in Wills and Trusts in India
Are "notarial/statutory" Wills legal in India? Is This facility available when making a will. Is the concerned notary required to keep a copy of the concerned Will in his possession and/or register the same with any Notarial body here in India
4 Answers from Attorneys
a will, even written down on a plain piece of paper is valid so the wills that are notarized are also valid but in case there is a dispute regarding notarized and registered will, the presumption would go in favour of registered one in case all the requirement are met.
Even the court cannot go contrary to a will which is not registere or notarized,so have all doubts removed from your brain about notary and registration about wills.
I agree with the above opinions.
WILL IN INDIA IS NOT REQUIRED TO BE REGISTERED OR NOTARISED IN OTHER WORDS REGISTRATION OR NOTARISATION OF THE WILL UNDER INDIAN LAW IS OPTIONAL AND NOT COMPULSORY. IT IS ONLY A SAFEGUARD IN CASE OF ANY FURTHER DISPUTE AFTER TESTATOR'S DEATH.