Will
Advocate Rajiv Mishra
(Querist) 05 November 2011
This query is : Resolved
At the time of execution of will,after the sign of testator attesting witness did not put their sign, only their name & add. was written in handwrittng of advocate.After exicuton they got it registered in registrar office where attesting witnesses signed on back side of a page stating identified the executor.My que. is the execution of such proper & according the law because registration is optional & is done after execution?
prabhakar singh
(Expert) 06 November 2011
Unless the will is attested in manner prescribed by section 63 of Indian Succession Act 1925,it can not be called a will.
So where the advocate got it signed by the testator forth after that he must have got it to be singed also by the attesting witnesses,
which of course forgot to get the attestation done after putting their name and address which is a blunder.In law no will has come into existence.Its different thing to identify the testator than to attest a will.
prabhakar singh
(Expert) 06 November 2011
63. Execution of unprivileged wills.- Every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules:--
(a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.
(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.
