• Sign of will

My father expired on 15/11/2016. He has made a will which is perfectly typed and signed both by my father and two witness. The signatures are done on the last page of the will i.e at the end of the will and not on every paper of the will. is it required that every paper of the will shold have been signed by my father and the witnesses.
Asked 8 years ago in Property Law
Religion: Hindu

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11 Answers

1) initials of your father and witnesses should have been affixed on each page of the will

2) in case any legal heir challenges the will the case would be that will is fabricated as there are no initials on each page of the will

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

there are suspicious circumstances surrounding the will as each witness has not initialled every page,

further father has not put his initials at the bottom of every page . it does affect the validity of the will

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

1. Yes, all the pages of he will was required to be signed by your father to make it a complete document.

2. Any legal document is required to be signed on every page of it by the executor to ender validity to it.

3. Anybody can challenge that the unsigned pages have not been part of the said will and you have removed those signed pages with the current one to suit your purpose.

4. File a petition for probate of the will to see whether there is any challenger on not picking up he said defect on the will.

5. If the will gets probated, the aid error in the Will shall be suppressed.

Krishna Kishore Ganguly
Advocate, Kolkata
27342 Answers
726 Consultations

5.0 on 5.0

1. It will be considered as legal if there is no body to challenge the said Will.

2. If anybody challenge the said will stating that the signed pages have been changed with these unsigned pages, the no probate will be granted on the said will making it void at law.

Krishna Kishore Ganguly
Advocate, Kolkata
27342 Answers
726 Consultations

5.0 on 5.0

1) court may not grant probate of the will as there are suspicious circumstances surrounding the will

2)will may be held to be invalid

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

Since Will are often disputed after the demise of its maker,it is prudent that maker of the Will puts his signature on every page of the Will though the same is not mandatory and it signature at the very end is very much valid.

Devajyoti Barman
Advocate, Kolkata
23117 Answers
505 Consultations

5.0 on 5.0

For a will to be valid the testator must either sign the will or acknowledge his signature in the presence of two or more witnesses who are present at the same time.

If the will consists of several pages, the testator does not have to sign each of the pages, provided that when his or her will is witnessed all of the pages are attached in some way.

Thus the will signed in the last page by your father is also valid.

If need be, the will can be probated through court.

T Kalaiselvan
Advocate, Vellore
86348 Answers
2293 Consultations

5.0 on 5.0

is the single signed will at the end of the will by the person writting the will and that of two witnesses ligal in court of law.

Yes, it is valid. The amendment came into effect from 01.01.1983.

T Kalaiselvan
Advocate, Vellore
86348 Answers
2293 Consultations

5.0 on 5.0

f some one challanges this will on ground that all pages are not signed will this doc be proved in valid or can its validity be determined

In that case, a case before court competent seeking grant of probate of the will may be filed and obtain probate which will validate the will.

T Kalaiselvan
Advocate, Vellore
86348 Answers
2293 Consultations

5.0 on 5.0

1. Every page of the will is not required to be signed, but it is always advisable to sign at the foot of every page so that the will may sustain a legal challenge in a court of law. This being said, if the last page of the will has been signed by the testator and witnesses then it cannot be struck down as illegal unless it is proved that the testator was incompetent to bequeath his property.

2. If every page of will has not been signed by the testator then this is a factor which may be seen in conjunctivity with other positive circumstances which cloud the will in suspicion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

end of the will contain attestation and signature of the executor. if deed contains more pages than one then each page should be signed by the executor. your father has now expired so you have to produce some independent witness to prove that will was executed from his free consent and also adduce evidence of the scribe for the proof the genuinity of the will.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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