Holograhic Wills

Querist : Anonymous (Querist) 10 March 2011 This query is : Resolved
Dear Experts,

Is an unregistered holographic (handwritten) will without witness signatures recognized in Maharashtra like in some Commonwealth jurisdictions? If not how many witnesses should sign? Should they sign in the presence of each other?

Thank you.

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Devajyoti Barman (Expert) 10 March 2011
Without attestation of at least two witnesses in presence of the testator of the Will, the same has no force of law in India.

Gagan Gupta (Expert) 11 March 2011
I think it is not mandatory that both witnesses should be present togather. They can sign at different times on the request of testator.

R.Ramachandran (Expert) 11 March 2011
Mr. Gagan, if both the witnesses are not present at the same time, how can one of them who was not present at the time the testator signs can be a witness to the signing of the Will?

R.Ramachandran (Expert) 13 March 2011
Mr.Gagan you have not so far replied to the specific query.

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