Will

shyam lal (Querist) 28 February 2021 This query is : Resolved
In a joint WILL only one signatory had signed . unfortunately the second signatory has expired without signing the said WILL .Query is does the WILL in question have any Legal binding?

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A joint Will requires signatures from all intended testators to be legally valid. If one signatory expires before signing, the Will is considered imperfect and generally lacks legal standing. Proper execution, including all necessary signatures and adherence to legal procedures, is crucial for a Will to be binding.

K Rajasekharan (Expert) 02 March 2021
If the drafting of the Will is done in the form of a joint Will indicating that the intention of the testator is to sign it as a joint Will with a second person but the second signatory has not signed the document, then the Will does not have any legal standing as it is a partially made legally imperfect document.

The important elements in a Will are the intention of the testator as reflected from the document and the procedural flawlessness in its making.

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kavksatyanarayana (Expert) 03 March 2021
Yes. The 2nd person shall sign the will. In a joint Will, the persons who are testators must sign before the witnesses on the Will. If any person does not sign, no legality in it.

Dr J C Vashista (Expert) 07 March 2021
Under Section 40 (1) of the Registration Act, 1908 the will can be presented and under Section 41 of the Act it has to be registered after death of the testator / joint testator, when the Sub-Registrar is satisfied.
Sarvesh Kumar & ors Vs. Rohtash Kumar & others Allahabad refers

shyam lal (Querist) 07 March 2021
Dr. JC Vashishta
Sir I have not under stood your answer please explain in simple language.thank you.

Sankaranarayanan (Expert) 20 April 2021
i do agree with experts

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