Who Can Be A Witness To Attest A Registered Will In India?

My father has made a will giving everything to me. It is a printed will in Punjabi language and attested by two witnesses. One of its witnesses is my father's wife i.e. my mother she is not a beneficiary to it. Second witness is a stranger. I want to know is it a valid will and can the wife of the testator of a will attest the will as a witness when she is not a beneficiary to it. 2 Can a homeless stranger attest a will as a witness. If after the death of both the witnesses is it necessary to prove one witnesses signatures or both the witnesses signatures will have to be proved to make it valid.

Answer (1)

Karishma Pandit

  • Sector-1, Noida

Section 67 of the Indian Succession Act of 1925, states that the attesting witness or the individual's spouse cannot be a beneficiary of a will or else the will shall be declared invalid. A stranger may be a witness. The problem with using someone you don't know is if there is an issue regarding the validity of your will, the executor will have to try to track down that person. Section 69 of the IEA states that, if both (or all) the attesting witnesses to the 'Will' are dead (or cannot be found) then the 'Will' is to be proved by proving that the attestation of at least one attesting witness to the 'Will' is in his handwriting, and that the signature of the testator on the 'Will'

Answered on 20 Oct 2019


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