Querist :
Anonymous
(Querist) 09 July 2018
This query is : Resolved
Dear Experts, Suppose someone has got a will and testater is no more. Out of two witness one is husband of the benifitter and the will is properly registered.
My question is one witness issue is there, will this WILL called legal.
Vijay Raj Mahajan
(Expert) 09 July 2018
Yes it is valid as it has at least one witness available as well it is registered Will.
Advocate Bhartesh goyal
(Expert) 09 July 2018
( 1 ) Authenticity of will can not be doubted as the same is registered. ( 2 ) one witness is sufficient to prove the signature of tests for. Will is perfectly valid.
R.K Nanda
(Expert) 09 July 2018
2 witnesses are must for a valid will.
In my opinion will is not valid.
Querist :
Anonymous
(Querist) 09 July 2018
Sir, actually there are 2 witnesses, but 1 is the husband of benifitter. Now sister of benifitter is filled a case with saying malafide intentions. Can this Will give the favor to benefitter?
kavksatyanarayana
(Expert) 09 July 2018
A beneficiary shall not sign as a witness in a Will.
Ms.Usha Kapoor
(Expert) 10 July 2018
Agree with VijayRaj Mahajan and Bhartesh Goyal.
Ms.Usha Kapoor
(Expert) 10 July 2018
Agree with Vijay Raj Mahajan and Bhartesh Goyal,.
Dr J C Vashista
(Expert) 10 July 2018
It is valid as the witness is not beneficiary but he is the husband of claimant, who is better witness than others. His wife shall have to no alternative but to accept him as a "genuine and independent witness".
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