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Pradeepkumar (Retired Bank Manager)     18 January 2025

Mere registration of the will wont make it valid unless the same is not proved recent judgement

What happens if the witness to the will has died? What is the alternative?



 8 Replies

Dr. J C Vashista (Advocate )     18 January 2025

There has to be 2 witnesses in the execution of a Will besides the drafting counsel /attesting Notary /  registering Sub-Registrar, get the other witness(es) to depose and prove its validity.

T. Kalaiselvan, Advocate (Advocate)     18 January 2025

If a witness to a will has died, you can prove the will by using secondary evidence, such as documents, testimony, or handwriting analysis

Use documents that the deceased witness signed, such as previous legal documents or correspondence.

Get testimony from people who were present when the will was signed.

Use witnesses who are familiar with the deceased witness's signature to identify.

Use a handwriting expert to compare the signature on the will to known samples of the deceased witness's handwriting.

P. Venu (Advocate)     18 January 2025

What are the facts? What is the context?

kavksatyanarayana (subregistrar/supdt.(retired))     18 January 2025

The 2nd witness, the scribe and if it is registered the SR can provide the register where the will was registered by him.

Advocate Bhartesh goyal (advocate)     19 January 2025

In case attesting witnesses of will dies then will can be proved by scribe or any person who is familiar with testator's signaure can prove

Pradeepkumar (Retired Bank Manager)     19 January 2025

Having seen the judgement, It was a casual question. Since most Wills are made by old people the witness will be whom the testator has acquaintence and of same age in most cases. They may be friends of the testator and his/her age and in some cases, who might have even died before the testator. So it was casually asked what happens if the witnesses passed away.

T. Kalaiselvan, Advocate (Advocate)     20 January 2025

Thus it was a question based on academic interest and not a real issue.

In future you may post only real problems while seeking legal opinion here instead of testing the knowledge of the experts here.

Dr. J C Vashista (Advocate )     20 January 2025

It is ridiculous to give examination on this platform.


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