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Kaushik   11 November 2018

Validity of registered document

Dear Experts,

Would a Registered Will/ Power of Attorney remain Valid if it is Witnessed by Lawyers/Advocates? Thanks,

Kaushik.



Learning

 5 Replies

Suri.Sravan Kumar (senior)     11 November 2018

Strightly speaking Lawyer or Advocate should not sign any document as witness. 

Shashi Dhara   11 November 2018

He can only draft it.he cannot become witness.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 November 2018

Sometimes a will says who drafted it.But it is not mandatory to say who drafted the will. If the name of the one who drafted is not given, a lawyer is just a person just like any other person. Is there a law which says that a person with legal qualifications and license to practice in a court of law cannot sign as witness of will with which he has no other connection?

Kumar Doab (FIN)     12 November 2018

Many testators prefer to bet the WILL witnessed by Doctor and Advocates.

GO thru;  

THE INDIAN SUCCESSION ACT, 1925; CHAPTER III Of the Execution of unprivileged Wills ; 63

Kumar Doab (FIN)     12 November 2018

Professional ethics may deter Advocate to sign as witness  say for PoA etc 

 

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, Religious scholars, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, revenue codes/rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g: Civil courts, HC, SC …

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably from a counsel specializing in concerned filed of law e.g; Testamentary Succession/ Civil matters.


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