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madhumita mukherjee (n/a)     11 January 2016

Latest supreme court judgement on valid will

My father has 2 wills,first he bequethed his acquired property to my mother and completed the Will with his signature and 2 attesting witnesses. After.his death my 2 brothers presented a holographic writing which has no witnnesses along with a typed version  of the same with 2 witnesses. Now in the typed version my father signed initials only without any proper signature e.g initial+,D.Roy not initial+Debabrata roy and which was not attested also by the witnesses nor have any date. Kindly let me know if the signed document is valid in the eyes of law and what is the latest Sc judgement on validity of a Will.



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 2 Replies

Arvind Singh Chauhan (advocate)     11 January 2016

Essentials of Will making
• It is a legal document
• Person to be competent to make a will.
• Signature of the testator on the Will
• Attestation by two or more witnesses.
• No particular form of Will prescribed by law
• Registration not compulsory
• Safe custody of Will.
• Secrecy of the Will
• It is effective only after the death of the testator.
• Execution of the Will.

 

 

Attestation
• The Will shall be attested by two or more witnesses, each of whom has seen the testator sign
or affix his mark to the Will or has seen other person sign the will, in the presence and by the
direction of the testator, or has received from the testator.
• Each of the witnesses shall sign the Will in the presence of the testator.
• The attesting witness or his/her spouse must not be beneficiary otherwise Will in their favour
will be invalid (Section 67 of Indian Succession Act 1925).

T. Kalaiselvan, Advocate (Advocate)     16 January 2016

The subsequent Will which is reported to contain digital signature and the same has not been attested by witnesses stands invalid in the eyes of law.


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