Authentication of will
prakash
(Querist) 29 May 2012
This query is : Resolved
SIR,
2 PERSONS WHO WERE WITNESSED TO A WILL ARE NO MORE,HOW TO AUTHENTICATE THE WILL?
Adv.R.P.Chugh
(Expert) 29 May 2012
Basically you want to know what happens when both the attesting witnesses die or are unavailable or even when they turn hostile - in such cases the will can be proved by the signatures of executant and the attesting witnesses by anyone conversant with their signatures or expert evidence. (S.47/45 IEA)
Section 69 in The Indian Evidence Act, 1872
reads as under :-
69. Proof where no attesting witness found. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.
Hope this helps !
Adv.R.P.Chugh
(Expert) 29 May 2012
Basically you want to know what happens when both the attesting witnesses die or are unavailable or even when they turn hostile - in such cases the will can be proved by the signatures of executant and the attesting witnesses by anyone conversant with their signatures or expert evidence. (S.47/45 IEA)
Section 69 in The Indian Evidence Act, 1872
reads as under :-
69. Proof where no attesting witness found. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.
Hope this helps !
Shonee Kapoor
(Expert) 30 May 2012
The signatures need to be verified of atleast one witness alongwith the executant.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
