will is not valid

2) will has to be attested by 2 witnesses

1. No , it is not a valid Will.

2.To validate the Will it must be attested by at least 2 witnesses.

3. SInce in this case it is not done it has no legal force.

4. Make fresh Will with 2 witnesses signed and then get it registered stating cancelling this Will.

It is permissible.

Hi

A WILL has to be compulsorily attested by two witnesses in accordance to Section 63 of Indian Succession Act.

Section 63 of Indian succession act applies to both registered and unregistered Wills.

If Only 1 witnesses has affixed his signature on the WILL as , witness, then the WILL is not a legal documents.

Section 63 in The Indian Succession Act, 1925

63 Execution of unprivileged Wills. —Every testator, not being a soldier employed in an expedition or engaged in actual warfare, 12 [or an airman so employed or engaged,] or a mariner at sea, shall execute his Will according to the following rules:—

(a) The testator shall sign or shall affix his mark to the Will, or it shall be signed by some other person in his presence and by his direction.

(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a Will.

(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 acknowledgement of his signature or mark, or 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.

Section 63 lists out the conditions for making a Will. It provides for the execution of a Will

"according to the following rules:-

(a) The testator shall sign or shall affix his mark to the Will, or it shall be signed by some other person in his presence and by his direction.

(b) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a Will.

(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."

2) since in your case will is attested by only one witness will is not valid

application for probate of will would be dismissed as will is not attested by 2 witnesses

It is of no value to say the least.

Hi

A registered Will with one witness is not a legal document(even if it is registered) as it does not fulfill the conditions stipulated by section 63 of Indian succession act.

A WILL has to be proven in the court as per section 68 of Indian evidence act.

Section 63 of Indian Succession act has to be read conjointly with Section 68 of Indian Evidence act.

Section 63 stipulates that the document has to be attested by minimum of 2 witnesses where as section 68 of Indian evidence act states that in order to prove a will, one of the 2 witnesses should be able to testify in the court and prove that the WILL was infact executed by the testator.

Section 68 of Indian evidence act in fact provides a concession to the propounder to call atleast 1 of the witnesses to the court to testify where as section 63 of Indian succession act does not provide any such concession.

So, the WILL with only 1 witness is NOT a legal document inspite of it being registered..

Hope this information is useful.

A will is written by me in favour of my daughter giving 100% share and the same is registered with the Registrar office of the Rajasthan Government. The is witnessed by only one person i.e. a senior advocate. Whether the registered will witnessed by one person is valid in eyes of law.

The will besides drafted and signed by an advocate, has to be witnessed by two attesting witnesses otherwise it is invalid in the eyes of law.

You can get the witness attestation at a later date also but before registration.

Now by preparing a fresh will, the previous one shall stand cancelled automatically.

Is registered WILL with one witness is legal document?

If the will is not valid then how can it be called as a legal document, it cannot be enforced in law, hence it is an invalid document