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SUNIL (SOFTWARE ENGG)     06 September 2012

Can anybody answer my question?

it is written that

in the case of making a WILL-------

 

The testator shall sign or shall affix his mark to the will, or some other person shall sign it in his presence and by his direction.

BUT MY QUESTION IS - why  "some other person shall sign it in his presence and by his direction" ?

in which situation some other person signs in the presence of   testator? if the testator is present then why some other peson shall sign it?????????????

is it safe?

 

can any one answer my question?



Learning

 6 Replies

Anurag Iyen (manager)     06 September 2012

In case testator is not in position to sign on the will or a dying person can appoint any body to write a will. It is vaild will.

Bhawani Mahapatra (Law Officer)     06 September 2012

Dear Sunil

Some situation arises, when the testator cannot sign the will or cannot put his mark, due to severe illness, infirmity etc, but can ask any body to do so, in that case law has an alternate mode to getting the will executed, else the testator's right shall be extinguished.

I have personally came across a situation, where the testator has lost his both hands in accident, who can't do anything with his hand, but very much capable of understanding the situation and making judgement of his own, in such a case law is quite helpful to that handicapped perosn.

SUNIL (SOFTWARE ENGG)     06 September 2012

but this is very unsafe because suppose testator did not tell any one to sign that . suppose he did not make any will.

suppose a wicked , bad person can write a will and sign the will infavour of testator  and can take all the property fraudulently.

so this rule should be banned. this rule should be abolished.

what do u think?

surjit singh (Assistant)     06 September 2012

When the testator is present there cannot be any other person signing on his behalf, if the testator is not having his both hand than in that case the impression of thump of the foot is required. If the testator is ill or insane in that case the will cannot be termed as valid will.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     07 September 2012

Like injured person , unable  to write  or sign , situation arises. army man, 


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