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Is it necessary to get will signed before a witness or a registrar?
11-May-2023 (In Wills / Trusts Law)
Is it necessary to get a Will signed before a testator and a witness or should it be signed in front of a registrar? Also, should the person who is getting the Will made, should be there with the witness? Another part to my question is that my mother has expired and had signed a Will.
Out of the 2 witnesses, 1 witness has gone to the court and has gone through all formalities but the defendant party in our case claims that the Will is not genuine.
What can we do in this case?
A bare perusal of Section 63(c) of Indian Succession Act would show that a Will is required to be attested by two or more witnesses and each of them must have seen the Testator sign or affixing his mark to the Will or should have seen some other person signing the Will in the presence and under the directions of the Testator or should have received a personal acknowledgement from the Testator with respect to his signature or mark or signature of the another person who signs the Will in the presence and under the direction of the Testator and it is also necessary that each witness should sign the Will in the presence of the Testator.
Hence, in view of above, the testator shall sign the Will in presence of two witness and it is also necessary that each witness should sign the Will in the presence of the Testator. Even other wise, the position will be the same before the registrar.
With respect to your second query, a Will is a very secret and confidential document, with the basic aim of providing a legal platform for distribution of a person's assets to various members of the family after his demise. The beneficiary can never get a Will made, the Will should always be made with free will. After the Will is executed, the beneficiary can know the content of the Will.
With respect to your the third query, you will have to mention the grounds on which the defendant party is claiming that the Will is not genuine.
Kindly contact us for any further details and action.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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