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Will with a thumb impression ...

(Querist) 03 November 2010 This query is : Resolved 
hello ...

My ques. relates to WILL which are as follows--
1. Can a will be executed by thumb impression...
2. If yes, which hand thumb expression should be used by a lady...
3. Is it mandatory to mention in the will a clause which says something like this - 'the will has been duly read by the writer & I am aware of the contents of the will & the writer can verify the thumb impression.'
or something like this
'the will has been duly read to me & I am aware of the contents of the will'

Thanks...
A V Vishal (Expert) 03 November 2010
WILL is a unique document - the testator for its validity should necessarily sign the will. As per The Indian Succession Act, the Signature of the testator can in any one of the four forms:

(1) the testator may put his signature

(2) the testator may put his mark

(3) some other person may write the name of the testator

(4) some other person may put his own name to the will

- here mark means pen marks or thumb impressions also.
adv. rajeev ( rajoo ) (Expert) 03 November 2010
by Left Hand thumb impression can be put on the will.
Some body / scribe will endorse regarding the thump impression.
tdeli (Querist) 03 November 2010
Thanks...

what do you mean by endorse here...

The will is to be registered before the sub- registrar, what all will be needed before the registrar...

The will... My mother to testify her will... 2 witnesses .. any other person or any other thing ...

Thanks...
tdeli (Querist) 03 November 2010
Is it mandatory to mention in the will a clause which says something like this -
'the will has been duly read by the writer & I am aware of the contents of the will & the writer can verify the thumb impression.'
or something like this
'the will has been duly read to me & I am aware of the contents of the will'
s.subramanian (Expert) 03 November 2010
Yes. It is better to make such a mention.
tdeli (Querist) 03 November 2010
which clause will be more appropriate-

'the will has been duly read by the writer & I am aware of the contents of the will & the writer can verify the thumb impression.'
OR
'the will has been duly read to me & I am aware of the contents of the will'

and

what do you mean by endorse here...

The will is to be registered before the sub- registrar, what all will be needed before the registrar...

The will... My mother to testify her will... 2 witnesses .. any other person or any other thing ...

thanks...
barun deka (Expert) 03 November 2010
When your mother's thumb impression is being taken let a person sign below the impression as follows:

LTI of "Mother's Name" through the pen of "the Person's Name/signature".

meaning thereby that person who will henceforth be known as the Scribe can testify that the impression is the Left Thumb Impression of your mother.That person's signature will be the endorsement.
Kirti Kar Tripathi (Expert) 04 November 2010
Yes, but declaration of this fact be mentioned in the will, this will serve purpose.
tdeli (Querist) 04 November 2010
Thanks a lots...

can anyone send me a link where i can find a format of such a WILL which is made with a thumb impression...

Regards...

Thanks...
Devajyoti Barman (Expert) 05 November 2010
yes. contact an advocate for that.
tdeli (Querist) 09 November 2010
"When your mother's thumb impression is being taken let a person sign below the impression as follows:

LTI of "Mother's Name" through the pen of "the Person's Name/signature".

meaning thereby that person who will henceforth be known as the Scribe can testify that the impression is the Left Thumb Impression of your mother.That person's signature will be the endorsement."

And is it still mandatory for the will to be witnessed by 2 other persons after such an endorsement.


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