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Tipsy (importer)     06 March 2008

an signature in the "WILL" can be attested by Any Bank ?

Can signature in the "WILL" can be attested by CITI Bank ?

Can signature in the "WILL" can be attested by CITI Bank ?
if Not, than , what is the alternative , for genuiness of signature, so that in future, the children dont face any problem ? If tommorrow , some one says the signature is forge than whole WILL be in a problem in proving gueiness of signature? Pl guide



Learning

 4 Replies

Guest (n/a)     18 May 2008

executor can appoint other executor since first executor is of old ae

Guest (n/a)     19 May 2008

I have my own doubts whether citibank would be a party to personal interests by being a witness to a Will

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 June 2008

"bharat" :

CITI Bank, as Attestor ?.
Why not Tata co., as Attestor.
A corporate entity cannot be prosecuted in a court for false witness.
The Companies Act, says nothing anything about being / providing "Witness".


The Evidence Act, says that the Witness should be a "person" should be able to "See", should be of "Sound Mind", should be able to "Contract", should be over 18 years of age, a person who testifies under oath in a court of law and so on ...

Well, a corporate entity is not a "person", cannot "see", cannot to be said to have a "sound" mind and so on ...


What is "WITNESS"
Legal parlance says Witness = Human being.

What is "ATTESTATION"
Attestation of a document is certification that the document has been executed correctly and is signed by the witness or witnesses to the execution.
Attestation can be even "Self-Attestation", whereas a person cannot "Witness" is own signature.

At the most, the WILL maker, can take his will document and witnessess to the PSU Bank, sign in front of the Bank Manager (who is a gazettee officer), ask the manager to "VERIFY" his (will maker's) signature from bank specimen signature card and attest his own (bank manager's) signature on the "WILL" under bank seal "ONLY AS A SIGNATURE VERIFICATION AUTHORITY" and the same can be done with the human witness signatures. This will only provide a sense of authencity in the court of law.

HOW "genuiness of signature" can be concretised and non-forgeable.
Registrar of all Taluka / District level are authorised to "register" "ANY & ALL" documents, under his seal, registeration number (Registrar's register book), after paying appropriate registration charges.

Registrar is a "public authority" within the meaning of section 21 of the IPC and holds quasi-judicial powers, is authorised to use the Govt. seal.

read section 79 of the Indian Evidence Act, for clarity.

Also read section 100 to 104 of the Indian Evidence Act. , the burden of proving that the Signature on the Will is forged will be on the person who alleges so or contests so.

The complete "WILL" can be taken to the Registrar's office by the will-maker, and ask for registration of the document, pay the registrar's registration fee, who will stamp + Seal + enter the register book serial no. on the "will" document, give registration fee receipt ... This becomes irrefutable evidence in the Court of Law.
However, if the will-maker decides too make a fresh will, he will have to register the new will again, else a non-registered will in lieu of a registered has no legal status.

By-The-Way, the childrens (looking at the children's of the current generation) would also claim that the WILL maker was then of unsound mind (lunatic) and in that case you would have to get a medical certificate, every year, from a govt.mental hospital. (heee... heee... hee.. .... no jokes).

AGAIN, the childrens (looking at the children's of the current generation) would also claim that the WILL maker is actually a fraud or an impersonator or ... and not thier real father. (heee... heee... hee.. .... no jokes).

Keep Smiling ... Hemant Agarwal

A QUOTE :
"He who has done his best for his own time has lived for all times" -
Friedrich Schiller, 1759-1805, German Poet/Historian/Dramatist
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arunprakaash.m. (advocate)     09 June 2008

will should be attested by the at least two persons personally known to the testator and not by the corporate person.


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