Legal Question in Wills and Trusts in India
Validity of Execution of a WILL
A WILL allegedly executed has a blank space in body
meant for date.No dates under signatures of Attestor or those of two witnesses.Identifying witness states he did not go for the Registration when allegedly Registrar signed in endorsement.Infact witness does not know when WILL Registered. Date is endorsed by Registrar in endorsement.
Is the said alleged WILL Probatable?
2 Answers from Attorneys
Re: Validity of Execution of a WILL
There can always be a blank space where a date
is required in the will, but the witnesses should only
give thier signatures when the date was filled in
by the testator. the endorsement of the date by
the registrar is absolutely wrong, as such the
will should not be treated valid. there are other
reasons also for this decision, but this is one of
important point.
Re: Validity of Execution of a WILL
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards and happy new year
Satish Maheshwari.
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