Rights of witness in a 'will' or 'nomination'

Querist : Anonymous (Querist) 30 August 2011 This query is : Resolved
sir,

please throw some light on " a witness in a will staking a claim in the very property for which he signed & stood as a witness",at the registration office
or for a "nomination" in a co-operative society. can a witness be one of the beneficiaries in the same property or not ?

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adv. rajeev ( rajoo ) (Expert) 30 August 2011
Wittnes to the will cannot be the beneficiary.

Advocate Bhartesh goyal (Expert) 30 August 2011
A witness can never be a claimant or beneficiary.He witnesses only that testator has signed before him.

M/s. Y-not legal services (Expert) 30 August 2011
I think witness have no rights..

Raj Kumar Makkad (Expert) 30 August 2011
I have similar views as of all other experts.

Guest (Expert) 30 August 2011
A witness is just a witness to the act of a person making a will or nomination. He does not hold any right to the property or the claim concerning to the claim or the will.

If he is intended to be made the benficiary of the claim or property by the person making a nomination or will, his own witness can make the will or nomination, as void, as he cannot be the witness for his own cause.

prabhakar singh (Expert) 30 August 2011
It is necessary that the Will is signed or marked by the testator himself. Mere signing of the Will or putting a mark on it is not enough. The Will is further required to be attested by two or more persons who have seen the testator sign or affix his mark to the Will, or seen some other person sign or affix his mark to the Will at the direction of the testator. The attesting witnesses must sign or put their marks on the Will in the presence of the testator but it is not necessary that they should be present at one time.

BUT at the same time an attesting witness should never be beneficiary of the Will. Doing so a legal conflict of interests could result to beneficiary not receiving what the testator had stated in the Will.

girish shringi (Expert) 30 August 2011
I do agree with the experts.

Ravikant Soni (Expert) 30 August 2011
I do not agree with experts.
An attesting witness can not be a beneficiary as contemplated in section 67 of Indian succession act.
But after comparative study of sect 57 and 58 of the same act it comes out that sect 67 does not applied to HINDU's, mohd....will.

prabhakar singh (Expert) 31 August 2011
Expert : Ravikant Soni reread please "BUT at the same time an attesting witness should never be beneficiary of the Will. Doing so a legal conflict of interests could result to beneficiary not receiving what the testator had stated in the Will."

My conclusion was advisory in nature as will can not become suspicious on this score alone.

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