Witness elpwill pls h

Querist : Anonymous (Querist) 15 November 2011 This query is : Resolved
can wife become a witness if husband registers a will and vice versa along with one other witness... as two witness are required ...

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A V Vishal (Expert) 15 November 2011
IF EITHER OF YOU ARE BENIFICIARY IN THE OTHERS WILL THEN YOU CANNOT BE A WITNESS TO EACH OTHER WILL, HOWEVER, IT WILL BE PRUDENT TO GET THE WILL SIGNED BY TWO INDEPENDENT WITNESSES OTHER THAN A FAMILY MEMBER(THOUGH THERE IS NO BAR UNLESS THE MEMBER IS A BENIFICIARY)

Rajeev Kumar (Expert) 15 November 2011
Mr.Vishal is right and i do agree

ajay sethi (Expert) 15 November 2011
always remeber to get will attested by 2 independent witnesses.

one shough preferbaly be a doctor and other a lawyer

Devajyoti Barman (Expert) 15 November 2011
Yes the spouse is a competent witness.

Raj Kumar Makkad (Expert) 15 November 2011
Legally there is no hurdle to become such spouse as a witness if he or she is not beneficiary but it is always advisable to have 2 independent witnesses in will for future purpose.

prabhakar singh (Expert) 15 November 2011
Although Mr.VISHAL has advanced very appropriate answer but concurring him would take my seniority snatched and my individuality punished there fore like others i shall also say separately the same very thing by twisting the sentence only as my two experts have done,and now i do that keeping two witnesses Independent is a legal necessity because the law asks the courts to be septic when a WILL is propounded before you and compel the propounder to remove all doubts that you see you can cast on the WILL,THEN IT CAN BE LAY MAN GUESS THAT WIFE EVEN IF NOT BENEFICIARY WOULD BE TREATED AN INTERESTED WITNESS IN A CAUSE OF HUSBAND IS MISSING FROM THE TOPPERS,TAKING NOTE OF THE SAME mR. SETHI RIGHTLY ADVISES THAT THEY SHOULD NOT ONLY BE INDEPENDENT BUT BEST THAT THEY ARE DOCTOR AND ADVOCATE.BECAUSE A DOCTOR CAN CERTIFY ALSO HIS MENTAL CAPACITY AND AN ADVOCATE CAN CERTIFY HIS INTENTIONS.

adv. rajeev ( rajoo ) (Expert) 15 November 2011
Yes she can become the wittness but it is better to have the other than family members as wittnesses.

Sailesh Kumar Shah (Expert) 16 November 2011
It is not advisable that witness by husband/wife.

Witness should be independent and well known by your family or at least by you. He may be your friend.

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