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minal   02 August 2022

does a un registered will require doctor attestation

father made a will on plain paper which is not registered. now he is no more. will is signed by 2 witness . I want to know whether doctor attestation also required on tat will?? bcoz I want to probate it. can a will be prabated without doctors sign on it??? can the flat be transfered to the nominate names of the will??

thanks in advance.


Quick Summary
This discussion clarifies whether an unregistered will, signed by two witnesses, requires doctor attestation for probate. The consensus is that a doctor's attestation is generally not needed unless the will maker was seriously ill and a medical certificate was specifically included. The key to probating the will and transferring property lies in having the witnesses depose in court. A doctor's involvement is typically unnecessary unless they were a witness to the will's execution.

 3 Replies

Dr J C Vashista (Advocate)     03 August 2022

Get the available witness deposed in the court, deposition of doctor is not required, even otherwise doctor has no locus standi in a probatory case, if he is not a witness to execution of will..

Advocate Bhartesh goyal (advocate)     03 August 2022

Medical certificate on will is required when executant of will is seriously ill else not required. Doctor's certificate and evidence is not required in probate proceedings.Deposition of one witness of will is required to prove will in probate proceedings.

Sudhir Kumar, Advocate (Advocate)     29 January 2023

Agreed with Mr Bhartesh Goyal based on available facts.


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