What is the sanctity and validity of thumb expression
16-May-2023 (In Wills / Trusts Law)
my grandmother had out her thumb expressions on the documents of certain property papers. the thumb prints are contradictory and both specimens are not matching. the society is now saying that we cannot depend upon this as there is no specimen to check with. Kindly tell me that what options do I have now ?
WILL is a unique document - the testator for its validity should necessarily sign the will. As per The Indian Succession Act, the Signature of the testator can in any one of the four forms:
(1) the testator may put his signature
(2) the testator may put his mark
(3) some other person may write the name of the testator
(4) some other person may put his own name to the will
- here mark means pen marks, thumb impressions also!
If the executor of the document is alive you can verify the thumb impression or if he is not alive then if have any other document that has the thumb impression of the executor - you can send it for expert opinion!
(1) the testator may put his signature
(2) the testator may put his mark
(3) some other person may write the name of the testator
(4) some other person may put his own name to the will
- here mark means pen marks, thumb impressions also!
If the executor of the document is alive you can verify the thumb impression or if he is not alive then if have any other document that has the thumb impression of the executor - you can send it for expert opinion!
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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