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Ashley   19 August 2025

Unregistered will

My grandfather made a will prior to her death making my mother heir to the remaining properties that was with him after giving equal shares to all other children. The will is notary sanctioned but didn't registered. Now the case is in court to get the will approved. But among 3 witnesses signed one have turned hostile. Would it affect the case?


Quick Summary
An unregistered but notarised will can still be valid in India, even if one of the three witnesses has turned hostile. The key is that the will must be signed by the testator and at least two witnesses. If the other witnesses can confirm the testator's signature and the will's proper execution, the court can still approve it. While a hostile witness's testimony is considered, it doesn't automatically invalidate the will if sufficient other evidence exists.

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 August 2025

It all depends on the evidence.

Advocate Bhartesh goyal (advocate)     19 August 2025

A will can be execute even on a plane paper and it requires no stamp paper and no registration.Will should be signed by testator and two witnesses. If beneficiary and other witnesses identify the signature of  testator then will would be deemed proved.

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     19 August 2025

In India, a will does not have to be registered to be valid. What matters is that it was signed by the person making the will (your grandfather) and attested by at least two witnesses. The law also requires that at least one of those witnesses should confirm in court that the will was properly signed and attested. Since your grandfather’s will has three witnesses, even if one of them has turned hostile, the other witnesses can still prove the will. The court only needs one reliable attesting witness to accept the will as valid, provided there is no sign of fraud, undue influence, or any other suspicious circumstances. So, the case will not automatically fail just because one witness has gone against it.

To know further connect with me at adv.vishesh@icloud.com

T. Kalaiselvan, Advocate (Advocate)     20 August 2025

If an attesting witness to a will turns hostile in court, the propounder of the will can still prove its execution by presenting other evidence, including the testimony of the other attesting witness (if available) or other evidence relevant to the execution. The court will then consider all evidence, including the hostile witness's testimony (if any), and determine if the will's execution has been proven. 

Section 68 of Indian evidence act requires that at least one attesting witness must be called to prove the execution of a will if the witness is available. 


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