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Who can be a witness to register a Will


26-Apr-2023 (In Wills / Trusts Law)

Mr. F (father) has 2 sons A & B. Father owns 2 flats. A has huge debts/loans. Father selling 1 flat to give sale proceeds to A as his share in his wealth. For 2nd flat father writing a registered will in favour of B. To prevent A from raising any objection to the will, A will be put as a witness to the registered will apart from another independent witness. A family settlement deed will also be executed. My queries are: Can A be put as a witness to the registered will in which he is not getting any interest/title? Can a family settlement deed be registered in Delhi? Please advise.

Answers (1)

Answer #1
268 votes

Witnesses should be credible adults who are likely to survive you, as they may need to testify about the signing of your will after your death. To reduce any potential conflict of interests, witnesses should not be named beneficiaries in the will. It is far better to select someone who is not named in the will at all. Therefore A can act as witness in the father's will. Registration of Family settlement deed is not necessary. You can register the family settlement deed in Delhi.

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