Witness on will
Anesh
(Querist) 12 July 2017
This query is : Resolved
Two witness signed on last page of WILL but there iD and address proof not available after registration. But another two have proper declaration photo and signature...id Plus digital tumb and digital photo were taken but had not signed on last page of will . Whether such WILL becomes invalid because of 1 st two non traceable witness putting signature on last page of will. If yes what is remedy to resolve. Or can the WILL is valid without such two witnesd. On the basis of other 2 with correct declaration as witness to signatories. And registering them as witness at registrar. Pls reply.
P. Venu
(Expert) 12 July 2017
The posting lacks clarity.
Anesh
(Querist) 12 July 2017
No dispute yet. but whether can some one challenge the signature of 1st two witness who are not traceable and signed on last page of will not available at the time of registration. This problem arised at time of registration. after that two more witness we took who gave there signature on separate declaration sheet plus digital thumb photos at registrar office and photo but not signed on last page of deed as witness.
Kumar Doab
(Expert) 12 July 2017
The witnesses appeared before registering authority.
So far this should suffice.
Anesh
(Querist) 12 July 2017
OK thank You very much shri. Kumarji....Got it .
Rajendra K Goyal
(Expert) 12 July 2017
Whether testator is alive? If so, he can proceed for new will.
In the given situation, agree with the expert Kumar Doab.
Anesh
(Querist) 12 July 2017
Yes but... want to continue with old one.
Kumar Doab
(Expert) 12 July 2017
Thanks for agreeing Mr. Rajendra K Goyal.
Kumar Doab
(Expert) 12 July 2017
If you are testator and/or testator is alive he/she ca/may act to correct variances.........
kavksatyanarayana
(Expert) 12 July 2017
Witnesses in last page will be called as Attesting Witnesses. that means they are attesting the signature of the Executant of a document or Testator of the Will. so the father name and address of witness is advisable but not mandatory. And before the Registering Authority, the witnesses are called as Identification of witnesses. Hence t the father's name and residential address are must. so no problem. if the testator alive follow the advise of senior expert Kumar Doab sir.
Anesh
(Querist) 12 July 2017
So You mean to say that the will can be proved correct on the basis of the witness present at registration office. If at all any dispute arise in future.
Kumar Doab
(Expert) 13 July 2017
Thanks for agreeing Mr.kavksatyanarayana.
Kumar Doab
(Expert) 13 July 2017
Your query has already been addressed in previous posts and illustrated by Mr.kavksatyanarayana.
Dr J C Vashista
(Expert) 15 July 2017
How you are concerned with respect to hypothetical, fabricated and concocted statements of this vague question paper?
