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Swwapnil Chand (TL)     11 May 2014

Witness in the will

Hi,

My grandparents have 4 children,my father and rest his sisters,all married.A Will was prepared by my Grnadparents in the absence of my father but in the presence of all sisters and their husbands where everything is only on the elder sister's name who doesnt even stayed with them for a long.Grandparents have passed away and the entire property lies in a dispute.

Its a registered Will and there are two witnesses in the will.

A lawyer and some relative.

Can anybody tell the if a lawyer can be witness in the will?

Sister stays out of india not a citizen of india anymore.Can anyboday confirm if the Will is still valid or is ther any way where it can b proved to be invalid.

I appreciate your opinions and help.



 3 Replies

Laxmi Kant Joshi (Advocate )     11 May 2014

if the will is signed by your grandfather, it is attested by at least two witnesses , a lawyer can be witness in a will , and the same is registered then its a valid will , still if you have any doubt in the contents of the will , pl. check if the witnesses are family members then challange the will in the court of probate .

K.K.Ganguly (Advocate)     12 May 2014

1. Lawyers are not barred from signing Wills as witnesses,

 

2. The beneficiary is of Indian origin and not barred from being bequeathed with properties,

 

3. The said will is perfectly valid.

T. Kalaiselvan, Advocate (Advocate)     12 May 2014

There is no such rule that a lawyer cannot witness a Will.  A person of Indian origin can very well be a beneficiary to the property bequeathed by a Will, it is valid.  A testator can execute a Will in any manner he desires, except that he should hold a perfect title to the immovable property which is intended to be bequeathed to a beneficiary through the said Will and the said Will duly witnessed by two witnesses is considered to be valid in the eyes of law.


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