• ‘Self Proving Affidavit’ and its Advantages

We have a Will and the testator is no more.  After his death,  can  ‘Self Proving Affidavit’  or  ‘Affidavit From Witnesses To Will’ or ‘Proof Of Execution Of Will’  from the subscribing witnesses to the Will, be taken from the witnesses since the will is unregistered and it has no Attestation Clause and for the reasons like  if the witnesses may die, or become insane or settle  out of country  or unavailable due to any other reasons.  Is there a provision for this in Indian legal system?  This provision exists in countries like US and western countries.  
Can this affidavit be taken as precautionary measure before the will is challenged?  What are the advantages?   Please reply.  

-	Bangalore, Karnataka, India
Asked 2 years ago in Property Law from Bangalore, Karnataka
you do not require registration of will
Rajeev Bari
Advocate, New Delhi
1506 Answers
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you can make application for registration of will after death of testator   to sub Registrar . the affidavit of attesting witness can be taken . they will depose that will is made of free will of testator , that he was of sound mind and in perfect health . that testator has signed will in their presence ,
Ajay Sethi
Advocate, Mumbai
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Apply to the local sub-registrar for registering the will after the death of testator. Indian law also provides for registration of a will post death of testator. The attesting witnesses shall file an affidavit to vouch for their signatures on will and that the testator was in sound health at the time of making the will. Thereafter, sub-registrar will allow registration. 

However, no benefit can be derived from this affidavit in the event that will is challenged in a court of law.
Ashish Davessar
Advocate, Jaipur
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one is sufficient
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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you dont need to examine both attesting witness . affidavit of one attesting witness is sufficient under Evidence Act
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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One witness alone will suffice.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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