However your husband is a beneficiary but you are also an interested party in the will therefore you should not be a attesting witness of the will. If you have evidence to prove that your father had made this will with his free consent then no problem will arise on the fact that an interested party is a attesting witness of the will.

According to Section 68 of the Indian Evidence Act evidence of one attesting witness is necessary to prove genuineness and free consent of the testator. If second witness successfully satisfied this onus then no problem will arise that you are also a witness of the will.

1) there is no legal bar to wife of beneficiary being witness to a will

2) only legal requirement is will should be attested by 2 witnesses

there is no bar to wife of beneficiary being witness to the will

Attesting witness proves that will it genuine and executed by the testator through his free consent therefore law requires that some independent person act as attesting witness. If there is one attesting witness which is neither a beneficiary nor an interested party in the will then he can depose and give evidence under section 68 of the Indian Evidence Act and successfully discharge the burden of proof that will is genuine. Statement of one attesting witness is sufficient to prove the genuineness of the will.

You can be a witness hat is not an issue at all. Do not worry about the same.

Get the will probated immediately after the death of your father.

Regards

1.You are very much a competent witness.

2. Evena a beneficiary like your husband is also a competent witness.

3. So forget your competency as there is no legal infirmity in being a witness of your father's Will.

No problem at all, this instrument of will is going to work fine. This is so because the second withnesses is a family friend and not a blood relative.

1. You are a valid witness of the said will though in such cases, it is always advisable to have a unconnected third person as witness.

2. Your witness can be challenged with an accusation of being an accomplice to the forgery of signature of the testator by your husband, if anybody challenges the genuineness of the will,

1. You can be a witness since there is no bar in taking wife as witness.

2. However, since your husband is the beneficiary, your witness will be challenged by the legal heirs in case genuineness of the said will is challenged by them.

There is nothing wrong in attesting the signature of the testator as an attesting witness

The question beneficiary and collusion will arise only when anyone is protesting the will before court for any reason, even then there is nothing illegal or any legal infirmity in you witnessing the signature of the testator of the will.

Yes, second witness is a family friend. Some of the law blogs are saying wife of benifiecery cannot witness a will. So bit consernd.

In addition, you have another person who has witnessed the signature of the testator of the will.

Therefore there can be no problem in enforcing the will when it becomes effective