WILL
seema seth
(Querist) 21 September 2009
This query is : Resolved
IN A REGISTERED WILL THE FOLLOWING FACTS ARE OBSERVED:
1.TESTATOR HAS SAID THAT HE HAS SIGNED THE WILL ON THE LEFT HAND MARGIN OF THE WILL ON FIVE PAGES OF WILL WHEREAS THE SIGNATURES ARE AT THE BOTTOM AND NOT ON THE LEFT HAND MARGIN. IS THE WILL VAILD?
2.THE FIRST ATTESTING WITNESS OF THE ABOVE WILL FILES AFFIDAVIT SAYING THE TESTATOR AND BOTH THE ATTESTING WITNESS SIGNED BEFORE THE SUB REGISTRAR. WHEREAS THE SECOND ATTESTING WITNESS A LAWYER SAYS THE TESTATOR SIGNED THE WILL WITH OTHER WITNESS IN HIS CHAMBER. WHAT IS THE STATUS OF THE WILL AND WITNESSES?riven
R.M.Bhaduri
(Expert) 21 September 2009
In case of fact no.1, the Will can be taken as a valid Will, because there can be error in saying the input of the signatures on the Will.
In case of fact no.2, the status of the Will and the witneeses is doubtful, as the witnesses have to prove the execution of the Will.riven
Raj Kumar Makkad
(Expert) 21 September 2009
Will is a document which attracts very seriousness as it is a documents which after the death of testator defines his intention which should be beyond any reasonable doubts fully corroborated by attesting witnesses and its drafter. In the given circumstances, 1 situation is not sufficient to discard the will but the second situation is very serious and same deserves heavy burden on the party insisting its execution.riven
Adinath@Avinash Patil
(Expert) 22 September 2009
Will is very important document that may be proved by witness & other circumstances.There should be strict proof
1]The wiil can be valid will,
2]There is doubt need strict evidence.riven
