quesAdvantages 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?

  • ansApply 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.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Documentation Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Documentation lawyers in India

Documentation Lawyers

Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years

Advocate Shilpa Sharad

  RMV Extension
 Experience: 21 years

Advocate Vishal V Birajdar

  Andheri West
 Experience: 10 years

Advocate T Kalaiselvan

 Experience: 15 years

View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly