Sumit Arya 19 November 2022

Can related party be witness to a will

My late father wrote his first will in 2006 in which I was given 3/4th share and my elder brother was given 1/4th share. In 2011 all my sisters and brothers forced my father to write a will in which every sister was given 1/7th share and my share got reduced to 1/7 th share but my elder brother share got increased and now he has 2/7th share as per the second will.

Currently my elder brother has filed case in the court to probate the will.

Now here is the situation - In the second will both the witnesses are my sister's husband.

Can the second will be declared void on the basis of this ??

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LCI Thought Leader Adv Harsh Malhotra (Adv) 23 September 2023

As per Section 67 of the Indian Succession Act, if a beneficiary or the spouse of that beneficiary serves as a witness to a Will, the inheritance assigned to that beneficiary or their spouse becomes null and void. However, the Will itself retains its legal validity. Consequently, the beneficiary forfeits their entitlement, but this forfeiture does not impact the legitimacy of the Will.

Section 67 of the Indian Succession Act, 1925, imposes a limitation on beneficiaries and the spouses of beneficiaries, barring them from acting as witnesses to a will. This regulation, though, does not pertain to wills created by Hindus, Buddhists, Sikhs, or Jains. It exclusively applies to wills established by individuals like Christians and Parsis in their testamentary dispositions.

As the witness is the interested party it creates more doubts on the credibility of the free and fair execution of the Will in case of any litigation or challenge to such Will in the future.We can guide you on the specific requirements to ensure compliance with the law.