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Rajkumar Dev   19 August 2022

If a will is valid if one of the witness signed says he unaware about the will he signed

A person has 2 son & he write a will of his self earned property in favour of his elder son, and younger son has no right in that property, the will was signed by 2 witnesses and the will is registered in sub registrar office. The witnesses were signed infront of the sub registrar. 

After 10 years the testator died and there arouse a conflict between 2 sons regarding the will. And now one of the witness says he signed in that document, but he doesnt know it is will or something else.

He says as he had good faith on testator, so he signed it without reading the document. And he says if he knew it was a will, he wud not sign in it!

Now if this will Is valid or not sir?


 5 Replies

Advocate Bhartesh goyal (advocate)     19 August 2022

It is not essential that witness should read the contents of will, requirement of law is that testator's and two witnesses signatures must be on will deed so your father's will is perfectly valid in eye of law.

Dr J C Vashista (Advocate)     19 August 2022

The will has to be proved in terms of Section 63 and 68 of Indian Evidence Act, 1872, wherein both or either of the witness of the will has to depose/ prove that s/he has seen the "Testator" at the time of signing the document, however, witness need not prove its contents.

H.JanakiManohar Rao (lawyer)     19 August 2022

No need to prove its jenuinity or verosity as it is registerd as per law.

Sidhhi   20 August 2022

What if the Will was not registered?

Dr J C Vashista (Advocate)     21 August 2022

It does not make any difference under specific circumstances.

However, the question qua "if" and "but" is academic and subjective. 

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