Validity of will which is not attested by witnesses

[Anonymous]

Is it necessary to attest the will by witnesses? What will happen if the will is not attested by witnesses? Will it be invalid only due to not being attested by witnesses?

[Dr. Ashok Dhamija]

Section 63(c) of the Succession Act, 1925, requires as under:

“(c) The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.”

It is thus necessary that a will should be attested by two or more witnesses in the manner as laid down in Section 63(c) above.

Therefore, if a will is not attested by two or more witnesses as mentioned above, it would be invalid.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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