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sanny (hr)     25 February 2010

can a executer be a witness in a will under hindu law

i have a propertywhich is my late grandpa`s he had a will where he made witness both his daughter and son who will be the claimer and executer of the will jointly in the later the problem is that is it possibleto execute the will accordingly as per it is done or their is any fault in the will which was made if so what will be the remedial measure for it???? will realy waiting for a reply and will be appreciated....


 13 Replies

N.K.Assumi (Advocate)     25 February 2010

You mean to say that your grandpa is both the testator and also a witness to his will like Dr.Jekyll amd Mr.Hyde?

A V Vishal (Advocate)     25 February 2010

The executor can also be the witness of the will

Anil Agrawal (Retired)     25 February 2010

I am told the beneficiary can't be a witness.

girishankar (manager)     25 February 2010

Anil Ji is right.........Are U from City or outside of city limit......

girishankar (manager)     25 February 2010

Dear Assumi Ji,

Whats the will like Dr.Jekyll amd Mr.Hyde? Pl explain abt it ...

girishankar (manager)     25 February 2010

Whos the claimer and whos the executer

rajkumar.vnm.marupeddi (advocate)     26 February 2010

From your explanation, i could understand that the beneficieries acted as witnesses to the said WILL. I opine that same is not valid. There should be no suspicious circumstances that surround the execution of WILL. A WILL shall be executed in presence of two witnessess. In case of dispute, the WILL needs to be proved only through said two Witnesses. If the beneficieries under the said WILL are the witnessess to the said same WILL, It will have  its bad legal implications. It the testator is still alive,  it is always advisable to get the said WILL cancelled and to execute a fresh one so as to avoid legal complications and technicalities.

girishankar (manager)     26 February 2010

Dear Sir

Whats a Previlieged will......

Anil Agrawal (Retired)     26 February 2010

If someone goes to the extent of writing a will, it should not be difficult to imagine that he understands its contents. An advocate would not charge a princely sum for drafting the will, but, we avoid it for a variety of reasons. The result: INCOMPLETE, INVALID, EASILY LIABLE TO BE CHALLENGED AND THROWN OUT, LITIGATION FOR YEARS, BICKERING RESULTING IN ENMITY. 

Shall we never learn and improve?

girishankar (manager)     27 February 2010

Dear Anil Ji,

I Think Its not of  a matter of drafting its expressing a thougt of a mans will..... As U hav said we can avoid Blackmailing by litigation and things  to some extent.....Even a registered will is challenged now adays.....

By living our Rights we can avoid enemity..........Just like if  We leave  Kashmir to Pakistan ......

adv. rajeev ( rajoo ) (practicing advocate)     13 March 2010

Dear Giri,

If we leave( definately these politicians will gift the kashmir to pakistan to get the votes) kashmir to pakistan, they will ask for other parts .

adv. rajeev ( rajoo ) (practicing advocate)     13 March 2010

No executor cannot be wittness to the will. 

Anil Agrawal (Retired)     13 March 2010

Kashmir? What is the significance of Kashmir in Will? Is it being gifted by India to Pakistan by a Will?

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