A will is considered a very important document. It is a document in which a person writes down who will receive their property and how it will be distributed after their death.
Many people believe that after a person's death, their property is automatically divided among family members, but the reality is quite different. If a person doesn't leave behind any documents regarding their property, legal complications, disputes, and family tensions are common. We often hear of family members going to court to discuss the division of property after someone's death. This is why a will is considered a very important document.
This is a document in which a person writes down who will bequeath their property after their death, and how. The question now arises: can a will be written on plain paper? Can a will bequeath property without registration or a notary? Let's explore whether a will can bequeath property and how to claim it.
What is a will?
A will is a legal document created by a person while they are alive that determines who will receive their property after their death. For example, if a person owns a house, some land, and a bank balance, they can determine how and to what extent these assets will be distributed to their son, daughter, wife, or someone else after their death. The person who writes the will is called the testator, and the person to whom the property is given is called the beneficiary.
Can I get property through a will written on plain paper?
According to Indian law, you can write a will on plain paper. Neither stamp paper nor a notary is required. However, the will must be clearly written and state the testator's full consent and the specific assets to which they wish to bequeath. The will must bear the signatures or thumbprints of two witnesses, as well as the testator's signature or thumbprint. If the will is legally written correctly, it is considered completely valid. A property claim can be made based on such a will.
How to claim property based on a will?
1. Collect a copy of the will – Keep the will written on plain paper and all the necessary documents like property papers, ID proof, death certificate, etc., ready.
2. Apply for probate – If property needs to be transferred through the court, you must apply for probate in the civil court. Probate is a form of court approval that validates a will.
3. Testimony of witnesses to the will in court – Witnesses can be called to court if necessary to verify that the will was written and signed in their presence.
4. Start the process of property transfer – Once the will is approved by the court, go to the municipality or tehsil office and apply to get the property transferred in your name.
