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usha thakkar   19 April 2021

Will validity

A will without witness signatures is valid or not if it is not registered and not handwritten, just only signed?


Learning

 10 Replies

G.L.N. Prasad (Retired employee.)     19 April 2021

A will without 2 witness signatures are invalid in law.  However, family members may treat the intentions of the deceased, if the document is bonafide.  Registration of will is also not mandatory in all places.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 April 2021

1. WILL is not  WILL, IF not attested /signed by TWO Witnesses.

2. A Blank Paper with only signature claiming to be a WILL, is a Fraud & a prosecutable offence.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Pradipta Nath (Advocate)     19 April 2021

A will without minimum two witnesses is invalid.

Sankaranarayanan (Advocate)     19 April 2021

I do endorse with experts suggestions

Sanjay Narayandas (Advocate)     19 April 2021

Hey, 

Witness signatures are a must.

kavksatyanarayana (subregistrar/supdt.(retired))     19 April 2021

Agreed with the advice of all the above learned experts.

P. Venu (Advocate)     20 April 2021

What are the facts? What is the context?

N.K.Assumi (Advocate)     21 April 2021

I agree with P.Venu. Facts should be indicated in clear terms.

aditi   21 April 2021

respected sir,

In order to protect the fraud, witnesses are required to sign the will. If you want your will to get registered, you need to visit sub-registar's office along with the witnesses. Witnesses must be two adults and if the will is not signed by them then the judge will decide whether to admit the will or not. A witness must not be the beneficiary under the will, also your lawyer can act as a witness.

Witnesses are usually required because by the time a will takes effect and the person who signed isn't around or not the document that is being presented in the probate court is his will then the witness can and testify in the court that the will belong to the will- maker without any undue influence and with sound mind.

regards

Shashi Dhara   22 April 2021

Will comes into force after the death of testator ,if it doesn't fulfil  the essentials mentioned in act then it is considered as invalid will , if will is made under fraud then the person who challenges has to prove it..


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