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Karan sunil (SR Manager)     18 September 2010

WILL--NO witnesses

My grandfather left  his property will  on my father's name on Rs. 5 stamp which was made in 1978 ,which is not signed by any witnesses ,also the will is not registered .

Now my grandfather and father is no more ,i have my father's will on my name,

so i wanted to know is my grandfather's WILL a Valid legal document or not and can i make claim of the property based on that will.



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     18 September 2010

A will should be signed by the testator and 2 witnesses. In the absence of  the signatures of the witnesses, the will is not valid.

Karan sunil (SR Manager)     18 September 2010

Thanks Adv Archana

i just wanted to know for my knowledge what would have been the case if the witnesses would have signed but they were also not alive,so how do we prove as to the witnesses were genuine as they are not alive to come to the court and prove it

Who do we term as a witness????

can any relative or blood relations or husband wife or someone from the house act as a witnesses in general

P.K.Haridasan (Advocate)     19 September 2010

It is a must to have atleast two witnesses. If there is a dispute, we can prove the document through them. If the witness is not alive we can prove his signature with someone who knows the  signature of the witness. Will need not be registered but must  be attested by witness.

Deekshitulu.V.S.R (B.Sc, B.L)     19 September 2010

See Section 63 of Indian Succession Act and regarding rpoof of wills see Sec. 68 to 71 of Ecidence Act. Will, Mortgage Deed and Gift/settlement deeds are compulsorily atestable documents under law. Absence of attestation invalidates the document.  Even if they are admitted in judicial proceedingsby the adversary sitll formal proof by examinatio of one of the attestors is necessary.

Since there is the will of your father there is no problem in your case and you can quitely enjoy the property

Be happy


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