Naveen (SE) 25 November 2013

Will

Let's say some X is suffering from Vascular Dementia/Alzheimers and has not written a Will. Assume that some Y, someone close to X, prepares a pre-dated Will (Will on some day on which X was normal) and takes the signature of X. Can this Will be valid?

Thanks in advance,

Naveen.

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 25 November 2013

You have to prove that the person suffered from the decease at the time of writing a WILL. When the person is signed on WILL, it is valid.

Laxmi Kant Joshi (Advocate ) 25 November 2013

No , the will be valid only if the person is of sound health and can think properly and able to put signature on It and two persons witnesses It and the same will be registered in the sub- registrar office where he the will maker and the two witnesses have to be present before the sub registrar . and then photograph , signature and thumb impression will be taken and feeded in the computer after one week you get the registered will.

Advocate Bhartesh goyal (advocate) 25 November 2013

Registration of will is not essential. signature of testator and two witnesses makes a will valid. law does not require to get registered a will before sub registrar or notary public also it does not require to be made on stamp paper the same . can be execute on plane paper.

T. Kalaiselvan, Advocate (Advocate) 27 November 2013

Advocate Mr. Goyal is right. a Will need be registered and a testator need be in sound health. The testator should be in the knowledge of what he is doing, he can even dictate for some one to write understanding his signs of what he intends to say by the said Will and shall be witnessed by two witnesses.