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Can a will be written on a Rs 5 stamp paper?

Any will is a valid legal instrument if it has been duly executed as per the requirements under Indian Succession Act, 1925

real estate Updated: Jan 13, 2016 18:49 IST
law,property,stamp paper

My father died recently leaving behind a will. The will is written on a Rs 5 stamp paper and is duly signed by my father. The will has both the signature as well as thumb expression of my father but it is not registered. I want to know if a will written on a Rs 5 stamp paper can be considered as a valid will?

- Sameer Gupta

It is not mandatory to register a will as per the Indian Registration Act, 1908. An unregistered will is a valid legal instrument if it has been duly executed as per the requirements under Indian Succession Act, 1925.

I own a plot of residential land on which I have constructed three units on different floors. I have retained the ground floor and am planning to sell the other two units. Now, the buyer of one of the units is insisting on keeping the original sale deed which was executed in my favour by the previous owner for the whole plot of land. Can he do so?

– Vibhuti Taneja

Since you (being the seller) have retained a part of the property you are entitled to retain the documents of title relating to the property.

We are a Hindu family and my father is an adopted child of my grandparents. My father inherited property from my grandfather (self-acquired property) by virtue of my grandfather’s will. My father often threatens to will the property to his relatives and not to my mother, me or my sisters. Can my father legally do that?

- Gautam Tripathi

As your father is the absolute owner of the property in question, he is well within his right to deal with the property in any manner he deems fit and proper.

I have a house on a plot of land measuring 300 square yards in Greater Kailash, New Delhi. I want to reconstruct a new residential building on it with a stilt area, ground floor, first floor and second floor. Can you guide me on the maximum permissible FAR in Delhi with respect to the same? Also, please clarify whether the stilt area would be included in the FAR or not?

- Harsh Sharma

As per the norms laid out in the Master Plan for Delhi 2021, maximum permissible FAR for a residential plot having an area of 300 square metres is 225. If the building is constructed with stilt area of non habitable height (less than 2.4m) and used for parking, such stilt area shall not be included in FAR. However, though such stilt area is not included in FAR but it would be factored in to calculate the height of the building.

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First Published: Jan 13, 2016 18:49 IST