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Jignesh (manager)     04 December 2012

Urgent ::: will without witness or doctor sign

Hello Eveyone,

I am new to this site and find this very resourceful

I have couple of question which needs clarification.

My grandfather had written a will 2 days prior to death which is signed by him but did not get a chance to get signed by doctor or witness.

This will is under the possesion of the executor and as my grandfather died of cardiac arrest he was mentally fit to make a will. The executor is willing to state that this will was signed by my grandfather and also the family doctor will agree on his health being fit.

Prior to this he has made a will a year back which is completely diffrent from this one but is signed by doctor and witness.

how can the new will be probated and will it hold legal ground as it is signed by him.

If the new will cant be used can it be used to void the year old will.

and if both these wills are proved void will this result in equal distribution of property amongst legal heir.

thanks for any advice and guidance on the above issue

Jignesh Doshi


 1 Replies

kvss.prabhakar rao (Advocate )     04 December 2012

Will is compulsorry attesteble  documents under Sec 63 (c) of Indian Sucession Act. It must be poroved one of the attestign witness under Sec 68 of evidence act. Becuase the will speaks from the mouth of testater . The testater  connat confront his will hence attesting witness is compulsory

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