• Registered Will

I am from Punjab, i have a will of my grandfather registered in 2010. The will was challanged in the court. One of the witness of the will in his cross examination admitted that-
1. He was one the witness of the will
2. The Testator and the other witness signed the will in front of him
3. Testator was of sound mind
4. He himself did not read the contents of the will
5. Will was not read to the Testator in front of him.

I wanted to ask that will points 4 and 5 have any negative effect on getting the judgement in favour of me?
Asked 5 months ago in Property Law
Religion: Sikh

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10 Answers

It is not necessary that the testator read contents of will to witness 

 

it is not necessary fir witness to read contents of will 

 

judgment should be in your favour 

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

4.  Legally there is no condition that the witness has to read the contents of the WILL. Hence no negative effect in point 4 for getting the judgement in your favour.

5.  There's no rule that the WILL has to be read to the Testator in the presence of the Witness only. Hence no effect in point 5 for getting the judgement in your favour.

 

The Testator should only execute the WILL in the presence of witness and the witness should vouch for it.

 

Shashidhar S. Sastry
Advocate, Bangalore
5128 Answers
314 Consultations

5.0 on 5.0

If the fact is proved that testator didn’t read the contests or will before signing them it can go against you

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

The witness need not know the contents of the Will.

A witness is defined as a person who signs a will in the presence of the testator (the person making the will) and in the presence of each other, with the intention of attesting the signature of the testator to the will.

The witnesses play an important role in the execution of a will, as their signatures attest to the authenticity of the will and can be used as evidence of its validity in case of any disputes.

 

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

Yes, the same will definitely goes in negative side. If the will is a registered one, you should summon the registrar of the will and in his evidence get the point noted that the contents of the will were dictated to the testator before he signs the will.

Nikhil Gupta
Advocate, Yamunanagar
142 Answers
1 Consultation

4.0 on 5.0

A witness need not know the contents of the Will. He/she cannot be called to testify about the contents. He/she merely testifies that the document was signed before him/her by the executant.

It is not legally necessary to read out the document to a witness for the above reason.

Points 4 and 5 shall not affect your interests.

Swaminathan Neelakantan
Advocate, Coimbatore
2807 Answers
20 Consultations

4.9 on 5.0

-  As per law, a witness has very important role in the execution of a will, as his signature attest to the authenticity of the Will.

- Further, the witness role is to  certify that the Testator has signed the Will in his presence , and his condition was able to sign the same. 

- Hence, his admission of 1 to 3 means that the Will was prepared by the testator in his presence and he was fit for signing the Will is enough

- It is not necessary to read the Will by the Witness. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

No defect, Will is proven. Plenty of judgement to support your case.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

attesting witness is not required to read the Will

it is not the requirement of law that the Will has to be read over to the testator in presence of the witness

the law requires that the attesting witnesses should have seen the testator sign the Will and that he was in a sound state of mind 

Yusuf Rampurawala
Advocate, Mumbai
7520 Answers
79 Consultations

5.0 on 5.0

Dear Client,

The points you mentioned, particularly points 4 and 5, might have some significance in the case but their impact depends on various factors and the specifics of the legal proceedings. Here’s how these points might influence the case:

1. Point 4 (Witness did not read the contents of the will): The fact that the witness did not read the contents of the will might raise questions about their understanding of what they were witnessing. However, this might not necessarily invalidate the will if it can be established that the witness was present during the signing, attested to the Testator's sound mind, and can verify the circumstances of the signing.

2. Point 5 (Will was not read to the Testator in front of the witness): This might be a more contentious issue. In some cases, it’s crucial to establish that the contents of the will were read and understood by the Testator. If the Testator wasn’t made aware of the contents of the will before signing, it might potentially raise doubts about their intentions or understanding of the document.

These points might impact the credibility or weight given to the witness’s testimony. The court will consider all evidence, including the witness's statement, and weigh it against other evidence and legal principles. It’s important to consult with your lawyer, as they will have a better understanding of the specific laws and precedents in Punjab and can provide guidance on how these points might affect the case. Additionally, the overall circumstances surrounding the will, the mental state of the Testator, and other evidence presented in court will play a significant role in determining the outcome of the case. Remember, legal proceedings can be complex, and small details can sometimes have varying degrees of impact. Your legal representative will be the best resource to guide you through this process. You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
8939 Answers
110 Consultations

4.7 on 5.0

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