Legal Question in Wills and Trusts in India

Indian Succession Act

whether the attesting witness to the will can be a benficiary?


Asked on 4/10/07, 6:34 am

4 Answers from Attorneys

J.L. Naagar J.L. Naagar, Advocate.

Re: Indian Succession Act

Though as per the existing law there is no bar to the beneficiary to be the witness to the Document. But it always is an aspersation upon him, in the eyes of law. Such cases are always treated with doubt.

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Answered on 4/17/07, 10:38 am

Re: Indian Succession Act

there is no such prohibition/bar to the attesting witness that he could not become the beneficiary but in such case it definitly put doubt on the impartiality on the attesting witness.

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Answered on 4/10/07, 1:08 pm
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Indian Succession Act

An attesting witness should never be a beneficiary, since the whole will may be termed as bad. The law does not strictly prohibit, but such wills are very easy to be disbelieved.

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Answered on 4/22/07, 9:27 am
G. M. Gupta gmguptaandassociates

Re: Indian Succession Act

dont make a beneficiary attest as witness.

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Answered on 4/22/07, 1:58 pm


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