you need opinion of doctor who gives in writing that mother is medically fit .
2) it can be done after conducting necessary medical tests in hospital
3) hence get your mother be examined by doctor in hospital
Medical Fitness for Will
Hello, I am getting my mother's will signed. I called a doctor for medical fitness of my mother at home and will signing but he is saying that medical fitness is not valid if it's not done at hospital. He says, we should go to a hospital for medical fitness with two witness who are on the will and sign will there. It's a hassle to get all the witness to hospital so that's why I called the doctor at home. Is my doctor correct in his opinion that medical fitness cannot be done at home? thanks Sachil
Asked 4 years ago in Property Law
Religion: Hindu
20 Answers
Nothing is mentioned anywhere of such kind. Medical fitness is ok by a doctor at home. If some person wants to challenge he will even challenge hospital Medical fitness. Just register the will and it will be authentic
Your doctor is absolutely right in suggesting that the fitness certificate can be obtained at hospital only.
What is the need of medical fitness certificate. Hows is the condition of mother ? If she is in proper state of mind, draft the WILL, read it over to her in front of witnesses. Affix her signature/thumb and attested by witnesses same time. Can also apply at sub registrar office for commissioner, who will come at home for registration of WILL. Registration is optional, can gt it notory.
To bring more clarity,record the event. Thats it.
If I get mother's medical fitness done at a PCP doctor clinic and then come back home and get will signed by witness, myself and her on same day, will it work? or, should all 4 go to hospital? All 4 going to hospital is a hassle
Asked 4 years ago
Hello,
Yes it's true.
Regards
Who told you this procedure ? Private doctor report also valid.
Hi
It is no where mentioned that will must be signed after obtaining medical fitness in Hospital only..
You just need to get the medical fitness certificate from hospital and get the will signed anywhere .
What is important is that will must be registered with the authorities.
Thanks
See for the medical certificate and all test done for record it is better to visit hospital and take record. It would be better follow the opinion of the doctor .
See signature of witness is not required on medical.certificate just take medical examination certificate and witnesses can sign will.before notary or if you are registering then before sub-registrar.
Dear Sir,
A WILL is a document whereby a Testator expresses his/her desire as to the disposal of his / her properties after his/her death. It is the declaration of the intention of the person making the WILL with respect to his/her properties, which he/she desires to carried into effect after his/ her death.
Testator should be at least 18 years of age and of sound mind in order to make a WILL. The WILL itself must have directions (without the Testator being forced to give these) for disposal of the Testator's property upon his/her death. After generating the proforma online WILL, it must be signed by the Testator in the presence of at least two person who must also sign as witnesses to the execution of the WILL.
A Testator must be mentally sound when he/she makes and signs a WILL. A Testator must also be free of undue influence, persuasion or force when the WILL is made.
Under law, a Medical Certificate is not compulsory. However, it is advisable to obtain a Medical Certificate from a registered medical practitioner so as to ward off any allegation of unsound mind of the Testator.
1) will can be executed on same date by your mother and attested by 2 witnesses
2) not necessary for witnesses to go to hospital
This is not a mandatory requirement but in case your mother is sick then you have to get the certificate issued under government hospital otherwise you can get the bill prepared signed by the witnesses and get it probate in the court other wise your mother can go and witness about the will at the time of probate.
1. You can register the said WILL of mother, by summoning the Registrar of sub-assurances, by paying fees, fixing date and calling all the witnesses at home. This will be legally final & irrefutable, since registrar is a govt. constitutional authority for such purposes.
2. Doctor's /Lawyers /Whosoever's signature for such purposes is legally infructuous and will not stand in a court of law, at times of any dispute.
There is no requirement under the law to obtain a certificate from a doctor at the time of making a Will,
a Medical Certificate is not compulsory. However, it is advisable to obtain a Medical Certificate from a registered medical practitioner so as to ward off any allegation of unsound mind of the Testator.
Each of the witnesses shall sign the Will in the presence of the testator.
It is not necessary for witnesses to go to hospital.
1. Yes your Doctor is right the medical examination for fitness should be done at hospital and it would be better if it done in Govt hospital.
2. No need to take witnesses to hospital for signing the will they can sign will at home at day of medical examination.
You can engage the services of another doctor if this doctor is not willing to come to home to certify the mental health of the testator.
Moreover the doctor's duty is to give only medical mental health fitness certificate alone and he cannot travel beyond that to insist the witnesses to be present in the hospital to sign the Will in the hospital.
Your mother can sign the Will sitting at home in the presence of two witnesses.
There is no concept of the testator and the witnesses to be in before the doctor for signing the Will.
The doctor's duty is confined to issuing a medical mental health fitness certificate alone and he cannot insist the testator to sign the will; in front him and also insist the witnesses to sign the same in front of him.
Any registered doctor can legally issue medical certificate. Either sickness or fitness.
Yes you can and he has to issue you a certificate.