Eligibility of witness


Dear Experts,

Would a Will which has been Witnessed only by a Couple of Advocates still remain Valid?

Thanks,

Kaushik.

 
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Advocate

Yes it will be valid if other conditions for the Valid Will is fulfilled.
 
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Lawyer

Why the question of Advocate or non-advocate has been raised qua witnessing execution of a will?

 
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Advocate

Yes, Dr.J.C.Vashista, has made a correct point on the query.

 
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Advocates are not barred from standing as witnesses.

 
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In some circumstances witnessing the will is not valid. As per the Indian Succession Act, an inheritor mentioned in the will or his or her wife or husband cannot be a witness to the will. However, a Will witnessed by an inheritor mentioned in the Will would continue to be valid. Except the property would not pass on to the inheritor witnessing the Will. Hence, it is important that any person mentioned as an inheritor or beneficiary in a will he cannot witness the will. In the other circumstances any one can witness the WILL.

 

The Rocking Lawyer

V E MANOJ KUMAR

ADVOCATE

CELL NO 868615292

 
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