Legal Question in Wills and Trusts in India
In a will if one of the witness put his signature, but does not write his name?
Is it acceptable by the Indian law.
if not, may I know the law or any judgement to quote in the court
Reply was given that It is a voidable problem can be rectified by putting the name of the witness on the will.
by Sanjay Kalra ji.
But the propounder has produced the will to claim on the said property,
at this juncture can the name of the person who signed on the will be written.
2 Answers from Attorneys
at his juncture, if you make any changes to the will, this will amount to forgery. this would have been rectified in the life time of the executant. in your situation, even if signatures are there and the witness can come to the court to identify his or her signatures, the problem can be solved.
From Signature of the person / witness the handwriting expert can by comparision of handwriting prove that it was same person who acted as witness and signed the Will.
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