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Pritam Gupta (Teacher)     20 June 2014

About holographic wills

Does anybody know whether holographic or hand written Wills by testator himself, confer any additional benefit in India? In many countries such Wills do not require any Witnesses and the only thing that needs to be proved is the handwriting and signature of the testator. Logically it makes sense that since the Will is handwritten so what additional purpose is being served by a Witness witnessing the signature of the testator?

However I am not aware of any such law or case study in India. Then a person taking the pains of handwriting the whole Will himself instead of merely getting it typed, gets no additional benefit in India? The purpose for this query is that in our family recently a hand written Will has been submitted to court for Letters of Administration and any information received here will help in this process.



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 6 Replies

Dr J C Vashista (Advocate)     20 June 2014

The document of will has to be witnessed

1 Like

Laxmi Kant Joshi (Advocate )     20 June 2014

The will have to be witnessed by at least two witnesses either the will is written by hand or typed , the problem of hand written wills as per to you no need to be witnesses if any person had written his will by his own handwriting but when any of the person challenge the will in The court of probate then for authentication it will send to hand writing expert if he refuses or suspect of matching the handwriting of testator then ????
1 Like

Pritam Gupta (Teacher)     20 June 2014

Just to clarify, the Will has been witnessed by two witnesses, but the problem is to locate them. Therefore I was thinking that if the handwriting of the testator can be verified by an independant handwriting expert, then can such witness testimony in court be dispensed with?

Advocate Ravinder (Advocate/Attorney)     22 June 2014

@Pritam Gupta,

I agree with the above experts. But I saw somewhere in the High Court Library, that the hand written will does not require witnesses, but I am not sure. I will clarify your doubts on this aspect and  I will find out some citations on this subject and let you know.  You can contact me ravinder2345@gmail.com. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 June 2014

I may have to disagree with the Mr. Ravinder's opinion.  The Will has to be witnessed by two witnesses otherwise it cannot be held as valid.  there is no exception to this law.  Though you may file an application to prove that the hand writing is that of the testator, his intention of Will can be testified only by the attesting witnesses. So try to locate them to enforce the same.

1 Like

Adv k . mahesh (advocate)     23 June 2014

https://www.lawyersclubindia.com/experts/Holographic-Will-214801.asp#.U6e2hXKSxrM

the interested topic was discussed back i am giving the route go through this and

any white paper can be used to write the will and the person who is writing his properties to his desired person name descripttion about both of them and detail particulars of the properties immovable or movable to him and on every page the the testator signature should be there and witness more then one is used because already explained above for that purpose and for the validity of the will witness is necessary and the will can be registered and it is not necessary for registration and most important is the testator, executor and witness adress should be mentioned to avoid future complications as in your cases and blood related witness will not be acceptable 

if witness signature is not there its atentication is questionable and court will send for hand writng experts and any objections will arise if any 

-- the person who write the will is called testator 

-- on whose name the properties are written is executor 

-- witness any one who is directly not related to the will can sign 


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