Registered will : can a relative of the beneficiary become witness?
Himanshu
(Querist) 03 June 2014
This query is : Resolved
My grand mother wants to make a will(registered) to my mother,bequeathing the house as a precaution against my aunt, who is showing intentions to claim it after my grandmother's death.
Can my mother's brothers become the witness for the registered will. Its sure that they will not turn hostile in future. But will it reduce the credibility of them as witness in a court of law if they have to testify as they are the relatives of the recipient of the property(benefited party)?
I want to be sure as things are in my control now and I can arrange for other witness if required rather than making my case weak in the court by making my mother's brothers as witness.
Devajyoti Barman
(Expert) 03 June 2014
Though you mother;s brother are competent witness to attest the Will, seeing their vulnerability to turn hostile on death of your grand mother it is better if you make a third person attest the Will.
Do not take any chance.
Dr J C Vashista
(Expert) 03 June 2014
It is always better to involve family member to witness the execution of a testmentary document.
Yes your mama can be witness, no hastles.
Biswanath Roy
(Expert) 03 June 2014
If mother is the beneficiary of a Registered Will and her brother stands as witness then in future and in need if the witness becomes hostile your mother will face trouble. Hence it is advisable to call a third party who can stand as witness.
ajay sethi
(Expert) 03 June 2014
better make your neighbour or close family friend a witness to the will .
Guest
(Expert) 03 June 2014
Although there is no ban on the relative of the beneficiary to become a witness to the will, but the authenticity and genuineness of the will can be seen with doubt as if the will has been made under some pressure by the beneficiary and his relative.
Himanshu
(Querist) 03 June 2014
Thank you everyone for all your answers. For furthur clarification, the grandmother in question is my father's mother(dadi) and the witness in question are my mother's brothers(mama). My dadi wants to write the will, giving the house to my mother. So, there is no clash of interst between my mama and mother. They will not turn hostile. Only doubt that I have is whether their credibility will come under the scanner in a court of law as they are brothers of the beneficiary?
If not, I have no problems whatsoever.
Himanshu
(Querist) 03 June 2014
Thanking all of you in advance
Kumar Doab
(Expert) 03 June 2014
Agreed with learned experts.
All queries in all posts of the querist are fully explained by the experts.
Guest
(Expert) 03 June 2014
You are welcome.
Rajendra K Goyal
(Expert) 03 June 2014
There is no problem in having mama as witness in the given case, however, if possible arrange independent witness, may be some of your friend.
K.K.Ganguly
(Expert) 03 June 2014
1. If the said will can be proved non genuine later on then, your Mama becomes one of the share holders of the said property,
2. Though now you are sure that he will not turn hostile, it will be a prudent decision not to involve him now as witness,
3. Get a doctor as witness if possible.
T. Kalaiselvan, Advocate
(Expert) 03 June 2014
In my opinion since the property being bequeathed is from your father's side, your mother's brother, if he is reliable and trustworthy in the future too, he very well can witness the execution of Will. Since it is valid in law,his credibility will never be questioned by court.
Himanshu
(Querist) 04 June 2014
One of my 2 mamas is a doctor & I am a doctor too.
Can I myself and one of my mamas become witness?
Will it decrease our credibility as witness being the relatives of the beneficiary?
I am quite sure that my mama will not turn hostile as the property comes from my paternal site and my mama has nothing to gain from it.
Thanks in advance.
Guest
(Expert) 04 June 2014
Nothing wrong. Question of credibility, of course, depends upon the nature of dispute, if raised by some one against the genuineness of will.
But when you anticipate dispute from your aunt, you should also be aware of the fact that your own witness in favour of your mother can make the will questionable.
Biswanath Roy
(Expert) 04 June 2014
If any relation of the beneficiary stands as a witness of the Will the question may arise that under pressure or duress the will was made in favor of the beneficiary. So, an outsider can be taken up as witness. Beside, you shall have to call a Doctor who will certify upon the will that the person is physically good and in sound mind.
K.K.Ganguly
(Expert) 04 June 2014
1. If your grandmother from your father's side wills her property in the name of your mother, then tere is no problem if your Mama signs as witness,
2. His being a Doctor will further help the matter.
ajay sethi
(Expert) 04 June 2014
there is no problem if your uncle who is a doctor by profession becomes a witness
Adv D P Jindal
(Expert) 04 June 2014
A relative can be a witness in will. A agree with Dr J C Vashista
Himanshu
(Querist) 04 June 2014
Thank you all senior members for your kind support.
So, my final decision is that I myself and one of my mamas(doctor) will become the two witnesses.
Though we are the direct relatives of the beneficiary, but we certainly will stick to our testimony in a court of law.
And, since there is no rule or law stating that the testimony of a relative of a beneficiary will be in any way considered less than the testimony of a non - relative, I don't think there should be any problem in a court of law at a later date.
