Legal Question in Family Law in India

Indian succession act, 1925

Brief facts:

We are hindu family.

We are two brothers and one sister.

My father has made a will.

Myself,my brother, my sister are benificiary of the will.

One of the witness is my wife.

Question:

Generally the witness should not be relative of the beneficiary. Here my wife is benificiary will it affect the share I am supposed to get as per the will?

The lawyer through whom we got the will done, said that AS PER INDIAN SUCCESSION ACT, FOR HINDUS, THE WITNESS CAN BE RELATIVE (SPOUSE) OF THE BENEFICIARY.

Please englighten on this.


Asked on 5/22/07, 1:05 am

7 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: Indian succession act, 1925

There is no problem if your wife is one of the witnesses in the will; there is no legal bar as such.

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Answered on 5/22/07, 1:20 am
Sachin Sangare Private Practise

Re: Indian succession act, 1925

Witness to any Agreement contract can be any person. The only criteria is that he should be major and competent to contract. He should be independent person to the contract.

Yes your wife can be a witness to the Will.

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Answered on 5/22/07, 5:00 am
G. M. Gupta gmguptaandassociates

Re: Indian succession act, 1925

if there is no dispute between you brother and sister, nothing going to affect the will or whatever

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Answered on 5/22/07, 9:35 am
Lawbird in Delhi Taneja Law Office

Re: Indian succession act, 1925

Kindly confirm that you are willing to bear my fee for advice.

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Answered on 5/22/07, 9:40 am
rajeshwar sharma rajeshwarnathsharma

Re: Indian succession act, 1925

Answer to query No-1 :

You are wrong as there is no bar under any law rather it is better to get Will witness by any family members but he/she should not be beneficiary of the will.

Query No-2:

If your wife has witnessth the Will than in that event this will not effect your right or share which you are getting by the said Will.

Query No 3 :

No answer is required as you are free to engage any competent lawyer of your city. If you are residing in delhi or the property under Will is situated in Delhi than contect me or any lawyer of your choice.

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Answered on 5/22/07, 10:45 am

Re: Indian succession act, 1925

your advocate is lacking knowledge of law and is misguiding you.Any body who is major,of sound mind is competent to be witness.so any body can be witness.Ask you lawyer to show any law that your wife can not be witness or that only beneficiary can be witness in case of WILL.

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Answered on 5/22/07, 12:35 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Indian succession act, 1925

There is absolutely no cause for you to worry. The witness part is not going to affect you adversely in any manner.

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Answered on 5/22/07, 1:50 pm


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