Holographic Will.
pratik
(Querist) 18 March 2011
This query is : Resolved
1) It has been said for thi forum that if he judges of any cour whether HC,SC or any lower court in any case whether criminal, civil or any tax matters can give the jdgement or hear the case for their residenc also ? If yes than pls give me th citation if any ?
2)as we now that every will should hold a witness as per IS ac, 1925 or HS act, 1956. But i have head that a holographic will doesn't require any witness becasue holographic will are hand written & only on death of a testator the handwriting is only required to prove ? So is there any citation so pls posted it here with the hole context of it Pls ? If i am wron the correct me with the right answer supporting the cae laws if any ?
Thanks In Advance.
M V Gupta
(Expert) 19 March 2011
As regards Q2, only in the case of privileged wills as defined in Sec.65, (1.e.,wills made by a soldier in the battle field, airman in the battle field or a mariner on the sea), a will made in the handwriting of the person does not require signature or attestation by witnesses.(cf. Sec.66 of IS Act) Otherwise in the case all other wills attestation by atleast two witnesses is must.
As regards Q1, pl check the CPC and the CR.Pc. No such provision in the case of tax matters, to the extent my knowledge goes.
