Kaushik 28 December 2018

Eligibility of witness

Dear Experts,

Would a Will which has been Witnessed only by a Couple of Advocates still remain Valid?

Thanks,

Kaushik.

Reply Follow

5 Replies

Vijay Raj Mahajan (Advocate) 28 December 2018

Yes it will be valid if other conditions for the Valid Will is fulfilled.

Dr J C Vashista (Advocate) 28 December 2018

Why the question of Advocate or non-advocate has been raised qua witnessing execution of a will?

N.K.Assumi (Advocate) 28 December 2018

Yes, Dr.J.C.Vashista, has made a correct point on the query.

K.K.Ganguly (Advocate) 28 December 2018

Advocates are not barred from standing as witnesses.

manoj 29 December 2018

In some circumstances witnessing the will is not valid. As per the Indian Succession Act, an inheritor mentioned in the will or his or her wife or husband cannot be a witness to the will. However, a Will witnessed by an inheritor mentioned in the Will would continue to be valid. Except the property would not pass on to the inheritor witnessing the Will. Hence, it is important that any person mentioned as an inheritor or beneficiary in a will he cannot witness the will. In the other circumstances any one can witness the WILL.

The Rocking Lawyer

V E MANOJ KUMAR

ADVOCATE

CELL NO 868615292