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Appu (nil)     12 November 2011

Attestation problem

A will deed is registered in 2005 with attestation of a single witness...can a court  cancel a valid ' will deed' due to this single reason,if anyone file a case pointing out this error?



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 5 Replies

V. VASUDEVAN (LEGAL COUNSEL)     12 November 2011

No. It the witness appears in the court and proves his attestation and also the witness should be a independant person, having no interest in the willed properties.

vasudevan


(Guest)

A will is a highly secret document. A hanwritten will is an absolute proof of its authencity. This is the only exception to the rules or laws concerning property. If a handwritten will is not registered and does not have attestation of any witness then it becomes a Valuable Security. If thumb impressions with signatures are there then such a will becomes totally invaluable.


(Guest)

Germany only accepts handwritten or holographic wills:

https://en.wikipedia.org/wiki/Holographic_will

Rajesh Hazra (Mediator and Legal Counsel )     13 November 2011

Dear Friend,

You may be at a weaker side, as you should have taken care at the time the Will was prepared. The good will is supposed to be winessed by two independent witnesses and should have the certification from the family Doctor along with the Witness.

Regards

Sudhir Kumar, Advocate (Advocate)     03 December 2011

I shall be greatful if Mr rajesh hazra could elaborate under which law the attestation of family doctor is necessary, even if it is a will of a musalman not suffering from marz-ul-maut. Who can be family doctor of a retired Govt servant or army man who gets free medical treatment fro Govt/Army Hospital and each family member avails different panel hospitals based on their respective emplyment?


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