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Addition of witness name - Requirement in law
27-Apr-2023 (In Wills / Trusts Law)
Unregistered typed unprivileged WILL, 2 witness names are mentioned. Testator signed at its position. Second attesting witness signs against his name and position marked for 1st attesting witness. 1st attesting witness has not signed(alleged it was not possible to reach). Her name not been cut from the WILL. Some other known person put its signature and also sign as Witness No. 2.. This addition of other person as witness has not been typed in WILL and nor this addition of other person has been counter signed by TESTATOR. Can it be said the other person is a valid witness? Relevant case law?
The main role of witnesses is to ensure that you have the mental capacity and intent to make a will. An attorney will ask “is this your will” in front of witnesses. The witnesses have the ability to observe you and your actions during this time.
Although as per law proper name and signature should be affixed on the Will. However as per the Delhi High Court in a recently reported decision [ANITA KHOSLA v. STATE 2010 173 DLT 290] has declared that one witness was sufficient in order to determine the validity of a will.
The Court held that it was not obligatory to examine both the witnesses to a will to come and testify in order to determine the genuineness of a will
We suggest you to apply for Probate petition if the Witness is alive then he testify in order to determine the genuineness of a will.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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