No matter whether WILL is registered or unregistered still it has same legal rights. only difference in unregistered WILL it needs to probate from court.

To prove Will, only one witness is sufficient to testify.

Registration of Will is not compulsory, unregistered Will is valid.

Whether Will is forged and duly executed or not can decide on examining the Will and prevailing circumstances under which Will is executed.

1. Yes, the will is relevant and valid even if one of the two witnesses dies. 

Will has to be attested by 2 witnesses 

2) if later one witness died it does not affect validity of the will 

Will would be valid if at time of execution by testator it is attested by 2 witnesses 

Will would be legally enforceable even, if one or both the witnesses the will have died.

The genuinity of the will can only be ascertained by the court, but you can file for probate of will, even if the witness to the will has died.

If the witness has died before the execution of the will, then it is obviously a forged one and cannot be enforced.

1. death of a witness has no effect on the legality of the unregistered WILL,

2. the WILL has to be probated from the Court to prove it's legality

See you may challenge it by way of filing suit or may take an objection if any probate application is filed if you feel the will is not valid.

2. The other side may support the legality of will by the testimony of the witness, and by verifying the signature of the testator and another witness. 

1. Registration of the WILL is not compulsory and is only optional.

2. Most important thing is that the Testator must be of good mental health and there should be no undue influence, force, threatening, etc to the Testator at the time of execution of WILL.

3.  The WILL must be witnessed by 2 persons, who should vouch for its authenticity. After the execution of WILL, if one of the witnesses dies, then also it will be considered as a legal one.

1. First an unregistered Will is as valid as a registered Will.

1. Secondly even on death of both the attesting witnesses the Will can be proved by such persons or relatives who cna identity the signature f the dead witnesses due to their close proximity with the said attesting witnesses. 

An unregistered will is valid if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence.

If the above was ensured, even one of the witness isnot alive any more, the will stills continues to be legally valid. 

Yes it has weightage. There is no legal compulsion for will to be registered. If you feel its fake you need to prove it in court

Hi

Law recognizes both registered and unregistered will and to prove a will (section 69 of evidence act) the court has to examine atleast one witness to prove that the will was executed by testator. 

So check whether there are two attesting witnesses to will. If one of the witness has died, then  you can examine the other witness. If no witness come to court, then it is difficult to prove the existence of will. 

To prove that the WIll is fake, you can rely on handwriting on the will, undue coercion, undue influence, medication, bias of testator against other relations, etc

- As per law , an unregistered WILL is valid document, if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. 

- Hence, the Registration of a WILL is not compulsory , and after the death of the testator, an executor of the Will or a heir of the deceased testator can apply for probate.

-  Further , A probate is a legal recognition given to a Will regarding its genuineness and legality, declared by a competent court.

- If, no attesting witness is alive or can be found, then as per section 69 of the Indian Evidence Act, the WILL has to be proved by proving the signature of the testator as well as that of at least one attesting witnesses or the proof of the witnesses' deaths.

- Hence, on the death of a witness , a WILL hold legal relevance , even the WILL is unregistered. 

Good luck and dont forget to rating Positively. 

1. Irrespective of whether WILL is registered or not-registered, a WILL document must compulsorily be witnessed by minimum Two signatures.

2. IT is immaterial whether any of the Witnesses are alive or dead.  Any dispute relating to the originality of the WILL can be proved "ONLY" in a Civil Court proceedings and not in any other way, whichsoever.

3. IF witnesses are alive /available, they will be summoned to testify the genuineness of the WILL. IF not alive /available, THEN by default it will be construed to be a genuine WILL, unless proved otherwise by the disputant.

Dear Sir,

An unregistered will is valid if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. The will has to be signed on each of the page by the Testator and the witnesses.

In view of the provisions of Section 63 of the Indian Succession Act, 1925 (hereinafter referred to as ‘ISA’) read with Section 68 of the Indian Evidence Act, 1872 (hereinafter referred to as ‘IEA’), ‘Will’ is required to be proved by examining at least one attesting witness if he is alive. According to Section 63 of the ISA, a Will needs to be attested by two or more witnesses, each of whom must have seen the testator sign or affix his mark to the ‘Will’ and further, each of the witnesses to the ‘Will’ should have signed the ‘Will’ with the requisite animus attestandi. Likewise, according to Section 68 of IEA, a document required by law to be attested has to be proved by calling for the purpose of proving its execution at least one attesting witness.

In the matter of Vesakha Singh v. Jat Singh, it was held that, an obligation has been put by law upon the propounder to show by cogent (and satisfactory) evidence that the ‘Will’ on which the propounder relies was signed by the testator; and, the testator was in sound disposing mind when he signed the ‘Will’; and, he understood the nature and effect of the dispositions; and, he placed his signatures on the document of his own freewill (and accord), without any force, coercion or undue influence.

Yes, for this reason only a WILL needs to get probate from court. Whether its true WILL or Fake.

The Will can be proved by the evidence of one of the attesting  witness  (if alive). 

Will’ is required to be proved by examining at least one attesting witness if he is alive.

The burden of proving that fraud was played upon the testator in obtaining the execution of the ‘Will’ is upon the person who alleges it. Similarly, the burden of proving that the ‘Will’ was executed under undue influence rests upon the party who alleges it.

The onus probandi in each case lies upon the propounder, and the propounder has to discharge it by satisfying the conscience of the court that the instrument propounded is the last and final ‘Will’ of the testator and it was executed by the testator sans any force, coercion or undue influence.

In the matter of Girija Datt Singh v. Gangotri Datt Singh[, the Hon’ble Supreme Court of India laid down the following three-point test in this regard: (i) The propounder of the ‘Will’ has to prove that the ‘Will’ was signed by the testator in the presence of two attesting witnesses; (ii) The attesting witnesses should have seen the testator sign the ‘Will’ or else,  the attesting witnesses should depose that they were been told by the testator that the ‘Will’ is that of the testator and it is the testator who has signed the ‘Will’; and, (iii) It is not necessary that both or all the attesting witnesses to the ‘Will’ must be examined to prove the ‘Will’, rather, at least one attesting witness should be called to prove the due execution of the ‘Will’. Similarly in the case of Janki Narayan Bhoir v. Narayan Namdeo Kadam, the Hon’ble Supreme Court of India held that, Section 68 of the IEA necessitates that a document which is required by law to be attested shall not be used as evidence, until and unless, at least one attesting witness to that document has been called in evidence for the purpose of proving its execution. Thus, according to the mandate of Section 68 of the IEA, if there be an attesting witness to a document, alive and capable of giving evidence, then that attesting witness subject to the process of the court has to be necessarily examined before the document required by law to be attested can be used as evidence.

1. Will has to be proved by the testimony of the attesting witnesses.

2. If will is called into question in civil court then the legal heirs of the deceased witness or anyone who can identify his handwriting has to be examined as a witness.

Will is invalid because it was not registered. So the question of signs being original or fake is ruled out.

1. Under section 63 of the Indian Succession Act, 1925, a Will is required to be attested by two or more witnesses in the presence of the testator, each of whom have seen the testator sign or affix his mark to the Will or have received personal acknowledgement from the testator that he himself has signed the Will.

2. If you think that will is fake then any of the witness who is alive can give acknowledgement of will before court during the Suit. 

3. If you still want to confirm the signatures of Witness who is not alive then you can make application for expert analysis of signatures of that witness from his signatures on some valid documents which was signed by him when he was alive such as cheques in bank or account forms. 

1. It is not mandatory to register a will.

2. It can not be taken for granted that both the witnesses will live till probate application for the will is filed.

3. So, the unregistered will is perfectly valid legally even when one of its witnesses has died.

4. File the application for the grant of probate of the said will before the Court.

1. If the sign of the witness is proved to be fake then the said will shall become invalid.

2. However, the opposite side shall have to prove that the signature of the dead witness is fake.

3. The said will can not be considered as invalid legally because of the fact that one of its two witnesses has died.

If you want to understand the legality of your question you must know sec.63 (Execution of unprivileged Wills) and Sec. 68 (Proof of execution of document required by law to be attested) of Evidence act and Sec.69 .

Suppose attesting witnesses are dead or not available

In the decision reported as (2008) 14 SCC 754 Babu Singh & Ors. Vs. Ram Sahay @ Ram Singh the Supreme Court observed that It would apply, inter alia, in a case where the attesting witness is either dead or out of the jurisdiction of the court or kept out of the way by the adverse party or cannot be traced despite diligent search. Only in that event, the will may be proved in the manner indicated inSection 69 i.e. by examining witnesses who were able to prove the handwriting of the testator or executants. Whereas, however, a will ordinarily must be proved keeping in view the provisions of Section 63 of the Succession Act and Section 68 of the Act, in the event the ingredients thereof, as noticed hereinbefore, are brought on record, strict proof of execution and attestation stands relaxed. However, signature and handwriting, as contemplated in Section 69, must be proved

The following things are kept in mind for getting a legal answer to your question .  

What is the purpose of having a Witness?
The purpose of having a witness is to ensure that the testator has the mental capacity and intent to make a Will. The witnesses see you and your actions during this time and can later testify if ever the intentions or the state of mind of testator is questioned.

Sec.68 more particularly says that If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence.

Attestation plays a very important role in execution of a document it will be relevant to quote Section 3 of the Transfer of Property Act which runs as follows: "It is to be noticed that the word "attested", the thing to be defined, occurs as part of the definition itself. To attest is to bear witness to a fact. Briefly put, the essential conditions of a valid attestation under s.3 are:

(1) two or more witnesses have seen the executant sign the instrument or have received from him a personal acknowledgement of his signature;

(2) with a view to attest or to bear witness to this fact each of them has signed the instrument in the presence of the executant. It is essential that the witness should have put his signature amino attestandi, that is, for the purpose of attesting that he has seen the executant sign or has received from him a personal acknowledgement of his signature. If a person puts his signature on the document for some other purpose, e.g. to certify that he is a scribe or an identifier or a registering officer, he is not an attesting witness." So mere signature of witnesses at the foot of the endorsement of registration cannot be treated as attesting witnesses as Section 68 of the Indian evidence Act requires an attesting witness to be called as a witness to prove the due execution and attestation of the Will.

For proper appreciation of the view of Hon‟ble Supreme Court in Venkata Sastri‟s case (supra), Section 3 of the Transfer of Property Act, in particular, the meaning attributed to the work "attested" ought to be noticed and the same reads as below:

"attested", in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgement of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary."

It must be stated that the factum of execution and validity of the Will cannot be determined merely by considering the evidence produced by the propounder. In order to judge the credibility of witnesses and disengage the truth from falsehood the court is not confined only to their testimony and demeanor. It would be open to the court to consider circumstances brought out in the evidence or which appear from the nature and contents of the documents itself.

Propounder has to discharge the burden to prove the Will. The burden of proof would be on you to establish that the will was forged (not made by the testator) or was made as a result of fraudulent act.

The decision reported as AIR 1955 SC 343 Girija Datt Singh Vs. Gangotri Datt Singh, describe  what manner the propounder has to discharge the burden to prove the Will is as under:-

(a) it was signed by the testator in the presence of the two attesting witnesses;

(b) the witnesses should have seen the testator sign the Will, or have been told by him that he had signed it;

(c) The attesting witnesses, or one of them must depose to these facts, in the subsequent probate or other action concerning the Will. In the absence of attesting witnesses, of course, it is open to the propounder to prove the Will like any other document, provided that proof of the facts mentioned in Section 63 and 68 are led.

Section 68 of the Evidence Act speaks of as to how a document required by law to be attested can be proved. According to the said section, a document required by law to be attested shall not be used as evidence until on attesting witness at least has been called for the purpose of proving its execution, if there by an attesting witness alive, and subject to the process of the court and capable of giving evidence. It flows from this section that if there be an attesting witness alive capable of giving evidence and subject to the process of the court, has to be necessarily examined before the document required by law to be attested can be used in an evidence. On a combined reading of Section 63 of the Succession Act with Section 68 of the Evidence Act, it appears that a person propounding the Will has got to prove that the Will was duly and validly executed. That cannot be done by simply proving that the signature on the Will was that of the testator but must also prove that attestations were also made properly as required by clause (c) of Section 63 of the Succession Act. It is true that Section 68 of the Evidence Act does not say that both or all the attesting witnesses must be examined. But at least one attesting witness has to be called for proved due execution of the Will as envisaged in Section 63.

Although Section 63 of the Succession Act requires that a Will has to be attested at least by two witnesses, Section 68 of the Evidence Act provides that a document, which is required by law to be attested, shall not be used as evidence until one attesting witness at least has been examined for the purpose of proving its due execution if such witness is alive and capable of giving evidence and subject to the process of the court. In a way, Section 68 gives a concession to those who want to prove and establish a Will in a court of law by examining at least one attesting witness even though the Will has to be attested at least by two witnesses mandatorily underSection 63 of the Succession Act.

But what is significant and to be noted is that one attesting witness examined should be in a position to prove the execution of a Will. To put in other words, if one attesting witness can prove execution of the Will in terms of clause (c) of Section 63 viz. attestation by two attesting witnesses in the manner contemplated therein, the examination of the other attesting witness can be dispensed with. The one attesting witness examined, in his evidence has to satisfy the attestation of a Will by him and the other attesting witness in order to prove there was due execution of the Will. If the attesting witness examined besides his attestation does not, in his evidence, satisfy the requirements of attestation of the Will by the other witness also it falls short of attestation of Will at least by two witnesses for the simple reason that the execution of the Will does not merely mean the signing of it by the testator but it means fulfilling and proof of all the formalities required under Section 63 of the Succession Act. Where one attesting witness examined to prove the Will under Section 68 of the Evidence Act fails to prove the due execution of the will then the other available attesting witness has to be called to supplement his evidence to make it complete in all respects. Where one attesting witness is examined and he fails to prove the attestation of the Will by the other witness there will be deficiency in meeting the mandatory requirements of Section 68 of the Evidence Act.

Suppose attesting witnesses are dead or not available

Since a Will is propounded after the testator dies, inherently no law can require the testator to step into the witness box to prove the Will. In such a situation Sec.69 of evidence has a big role.

In the decision reported as (2008) 14 SCC 754 Babu Singh & Ors. Vs. Ram Sahay @ Ram Singh  he Supreme Court observed that It would apply, inter alia, in a case where the attesting witness is either dead or out of the jurisdiction of the court or kept out of the way by the adverse party or cannot be traced despite diligent search. Only in that event, the will may be proved in the manner indicated inSection 69 i.e. by examining witnesses who were able to prove the handwriting of the testator or executants. Whereas, however, a will ordinarily must be proved keeping in view the provisions of Section 63 of the Succession Act and Section 68 of the Act, in the event the ingredients thereof, as noticed hereinbefore, are brought on record, strict proof of execution and attestation stands relaxed. However, signature and handwriting, as contemplated in Section 69, must be proved.

In the case of proof of will, a signature of a testator alone would not prove the execution thereof, if his mind may appear to be very feeble and debilitated. However, if a defence of fraud, coercion or undue influence is raised, the burden would be up on you

Dear Sir/Madam,

The will may be registered or unregistered but it will be valid if it is duly proved. In the present situation, the originality of the will may be proved by single witness and others such as will writer/scribe etc.  

Yes it has legal sanctity. 

Will need to be Registered.

When the Will is attested by two witnesses, at lease one of the witnesses can confirm the same.

The witness who is alive can testify the said Will. 

Mere death of one of the witnesses does not make it fake and Sec.69 of Indian Evidence Act clarifies your doubt.

Dear Sir/ Madam

Go for the probate of the will and it would show the way of genuineness.

Dear querist, 

The will in question is subject to be grant of probate by the court of law. In case the witness to the will has died ,does not matter if the will is registered or not,it has to be authenticated by the evidence of the witnesses to the will. If there are no witness to the will alive, then the authenticity of the will is presumed in the favor of the testator unless the will is challenged by any of the person having interest in the will. Therefore, if you feel that the will is fake then if the probate case has already been filed then following the due procedure you can question the authenticity of the will. if not, there are other procedures through the will can be declared as not original in words by the testator. You can contact me for consultation. 

Regards, 

YUGANSHU SHAR5MA 

ADVOCATE 

DELHI HIGH COURT

Even if the witness is dead the will is enforceable. The other witness may testify as to the correctness of the will.

The will may be challenged if there are any doubts as to the authenticity of the will.

The evidence with regard to validity of the Will is based on the statement of the beneficiary, executor named in the Will and named witnesses. In case all the named witnesses are not alive, the statement of the beneficiary and the named executor will be taken by the court good enough to hold the Will as valid, more so the person who challenges the Will in the probation proceedings has to prove it as not valid on the ground he has challenged it.

if there is no challenge to the validity of Will, the court will proceed with the probation proceedings and hold the Will as valid, issue letter of administration.

even if one witness is no more, the other witness who attested to the execution of the Will by the testator can always depose and give evidence of due attestation by both the witnesses or of his own attestation if the testator had signed the Will in presence of the witnesses separately