Advantages of self approved affidavit
We have a Will and the testator is no more. After his death, can â€˜Self Proving Affidavitâ€™ or â€˜Affidavit From Witnesses To Willâ€™ or â€˜Proof Of Execution Of Willâ€™ from the subscribing witnesses to the Will, be taken from the witnesses since the will is unregistered and it has no Attestation Clause and for the reasons like if the witnesses may die, or become insane or settle out of country or unavailable due to any other reasons. Is there a provision for this in Indian legal system?
This provision exists in countries like US and western countries. Can this affidavit be taken as precautionary measure before the will is challenged? What are the advantages?
Apply to the local sub-registrar for registering the will after the death of testator. Indian law also provides for registration of a will post death of testator. The attesting witnesses shall file an affidavit to vouch for their signatures on will and that the testator was in sound health at the time of making the will. Thereafter, sub-registrar will allow registration. However, no benefit can be derived from this affidavit in the event that will is challenged in a court of law.
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