witness of will
rajesh kumar barvey
(Querist) 13 November 2009
This query is : Resolved
i have a question on will,in a case a died living his two sons and two daughters and his wife and a will saying that his property should be transfered to his wife after his death.one daughter appeals for partition of the agricultural land ,the will was signed by the two witness who are his brothers in law and one of them write the will as he stated,the question arise here that can a writer of will be witness or can a witness of will can write the will.please provide me right guidance and where can i get the leading cases regarding this matter.
adv. rajeev ( rajoo )
(Expert) 13 November 2009
In your question u have not stated whether the properties are ancestral or self acquired propertie of deceased. If ancestral deceased had right to dispose his share thru., a will. If self acquired then no problem.
two brother have signed the will and one of the wittnesses is scribe also. There is nothing wrong doing. U can lead the evidence of both one has scribe and wittness to the will.
Scribe and wittnesses are same, both says about the execution of will and intentions of the testetor to execute the will.
Both says the procedures while exeucting the will. NOthing wrong wittensees can be the scribe of the will.
n.k.sarin
(Expert) 13 November 2009
A writer of will may be a witness.There is no bar in the law.
Raj Kumar Makkad
(Expert) 13 November 2009
Scribe of the will is also a witness and witness can also be a scribe. No specific bar in law.
Sachin Bhatia
(Expert) 13 November 2009
Writer of will can be a witness
Y V Vishweshwar Rao
(Expert) 13 November 2009
I agree with the Lrd Friends opinions , there is no prohibition ! Scribe is a Witness to the Execution of the Document and he can be Witness!
yogesh
(Expert) 29 November 2009
If it is the property of deceased which is self acquired he may transfer to any one via will and the beneficiary will have to obtain NOC or through filing probate in the court.and will must have been signed by two witness who provide the evidence in the court of law but if it is ancestral the other legal heirs too have the right
