Legal Question in Real Estate Law in India

Re: Is wittness must be relative or neighbour?

The witness needs to be some reliable person, he may be your relative,friend or neighbour.

The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will.

Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.

You son or daughter can challenge the Will before the court but can succeed only if they prove that the Will is not genuine. If you have a feeling that your children would do so, it is better you execute a settlement deed in favour of the beneficiery by having a life estate reserved for you.

Re: Is wittness must be relative or neighbour?

1.yes.

2.Not necessary

3.Contents of the will should not be disclosed to the beneficiary because you may want to change the beneficiary or the properties later and you can write a fresh Will for that purpose by canceling the present Will.

4.Any Will even if registered, can be challenged by other legal heirs.

Re: Is wittness must be relative or neighbour?

It is not necessary that the witness should be in relation or any neighbour but however such witness should be reliable person for your own interest.In india the registration of will is not necessary for even immovable property but it is always advisable as it makes better evidence in a legal issue.Once a will is executed it is placed in the safe custody of registrar.your son or daughter can challenge such will but burden of proof lies on them to prove that will is not genuine.

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Re: Is wittness must be relative or neighbour?

1. Yes.

2. Not necessary.

3. Yes.

4. They can.

If Will is properly drafted and all the precautions taken about its execution, attestation, registration etc. then even if same is challenged, it will stand.

Re: Is wittness must be relative or neighbour?

(1) You are at liberty to make any person as a witness;

(2) No, it is not required.

(3) There is no bar on such disclosure.

(4) Yes, no one can stop them from challenging. It is a different issue whether they will fail or succeed.

However, you are entitled in law to make a will about your self acquired property.

If you exclude all your children, your mental soundness and the genuineness of the Will can always be questioned by any or all of them.