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Anurag Kapur (Manager -Tax)     07 February 2011

Incomplete Will

Dear Members,

My Grandfather expired leaving behind a property in Delhi.

He made a will (In August 2008)which is not witnessed by any one but orignally signed by him on all pages.

can any one guide me on the validity of the Will made which has not been witnessed when made



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 1 Replies

V. VASUDEVAN (LEGAL COUNSEL)     07 February 2011

 

  • There must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods.
  • The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.
  • The testator must be expressing a wish to direct the distribution of his estate to beneficiaries.

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