Legal Question in Wills and Trusts in India

Deceased Father has left a Will which was registered in the presence of two witnesses.

Questions:

1. In order to Probate the Will, is it necessary for the witnesses to attest their signatures on the Will ?

2. One of the witness has passed away, and the other witness is not cooperating when requested to attest his signature on the Probate application . Will the non-availability of witnesses invalidate the Probate, hence the entire will?

3. Can one challenge a Will on the basis of non-availability of witness?


Asked on 9/07/13, 12:53 pm

3 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

one of the witness has to depose in favour of the will. however, the genuineness of the will can be proved by leading other evidence as well.

Thanks and Regards

Adv. Rajiv

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Answered on 9/07/13, 9:31 pm
uttam Tibrewal

dear client....

Do contact me at [email protected]

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Answered on 9/08/13, 2:52 am
Fca Prashant Chavan Expert Edge LLP

08.09.2013

Dear Sir / Madam,

1. YES. It is necessary that the witnesses attest their signatures in the Court at the time of issuing the Probate.

2. It is left to the Judge to decide on validity of the Will.

3. YES. The Will can be challenged in the Court.

Regards,

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Answered on 9/08/13, 10:45 am


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