withness
Querist :
Anonymous
(Querist) 19 July 2011
This query is : Resolved
in the will deed one withness signature is accepted by the court of law or not . if one withness sign the willdeed it a valid. any cases which is related to willdeed. withnes signed by only one person, have any judgement on that matter plz send the judgement copy or in which year issued a judgement and their parities names
adv. rajeev ( rajoo )
(Expert) 19 July 2011
There is no law that one wittness is not sufficient for the will.
To prove the will burden lies on you. It is to be proved thru., the wittnes and scribe. Scribe witness is very important.
prabhakar singh
(Expert) 20 July 2011
I am sorry to differ with my learned brother Rajeev as section 63(c) of the Indian Succession Act is the LAW requiring a WILL to be attested by at least TWO witnesses, to remove doubts in other minds the section is reproduced below:
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.
