Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Legal Help Kolkata   27 July 2023

Undated signature of testament

Is a undated signature of a testator valid in India?  Pls give a judgement reference. 



Learning

 2 Replies

Mr. Sumitra kumar (Advocate)     27 July 2023

@Querist,

What do you do? 

 

Note-:Advice may be tendered as per the declaration made on my profile page.

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     28 July 2023

Speaking from a legal standpoint, there is no provision which demands a date or states that the court must rule a will invalid if a date is not there. However, just because it is not backed legally, does not mean that its importance is in any way decreased. A date of a will is an extremely important piece of information. It is with reference to the date that the court decides the validity of the will.

For example, in regards to a person suffering from dementia who wishes to divide his property among his legal heirs, a date on the will and the court to determine whether he wrote the will when he was of proper mental capacity or when he started to suffer from such a disease. The date also validates other documents and witnesses that the party bring towards the desk to prove the validity of the will. It assures the court that the documents brought are not documents issued after the will is registered. 

It is also common practice for individuals to issue multiple wills. With each will, not only the amount of property but the legal heir’s vary. The first will issued, legal heir A was getting a majority share of the assets but in the recent will, legal heir A is completely excluded from the will. If the date is not present on the will, it will be difficult for the courts to decide which is the most recent will and thus, the deceased individual wanted to be executed. 

A date without a will also gives the courts even more reason to believe a will has been registered under shady circumstances when a will’s validity is put into question. If the court suspects the will has not been drafted and registered under proper process, the absence of a date will just aid their suspicions. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register