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Raj upta   10 November 2021

Section 67 of the indian succession act t

I have one query regarding the Indian Succession act.
Kindly confirm:
As per section 67 of the Indian Succession Act the attesting witness can't be spouse of beneficiary of a will or else the will shall be declared as invalid. 
Thanks in advance


 1 Replies

minakshi bindhani   10 November 2021

As per your concerns!

In Lazar Stephen's case, the court held that the extension of the prohibition to the wife seems to rest on the unity of interest or temptation between the husband and the wife. To prove execution of Will, the testator must have signed the Will in the presence of attestors.

The Will shall be attested by two or more witnesses. But if there are more than two witnesses and one is a beneficiary, the gift will fail so far as that attestor is concerned, though, the Will may be duly executed even without his attesting the deed.

Law is therefore clear that all such persons signed as attestors and consequently the legacies to them or their spouses by the Wil would be void.

Hope it is useful!
Minakshi Bindhani

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