Doctor and lawyer can be witness to the will 

2) family member or friend should be executor of the will 

3) if you trust the lawyer he can be witness to the will 

4) beneficiary cannot be witness to the will 

5) witness is not aware of content of will only that testator has signed the will 

1. We don't have any trusted people in the family or neighbours whom we can make the witness. Where can we find witness for the WILL? Can any lawyer or his associates be the witness to the WILL?
ANS: It is always preferable to have a doctor and a lawyer witness the Will as they being professionals will be at a better position to testify before Court on the health condition of the testator. 


2. Who is the executor in the WILL? Should a lawyer be the executor? Should beneficiary be the executor in the WILL? Can executor be the witness to the WILL?
Ans: An executor is the person who will ensure the Will is executed after demise of the Testator, or who will have to file for probate before Court. It is better to appoint the beneficiary as an executor, as that person will always have a vested interest to execute the Will and wont shy away from the responsibility. 

3. Can beneficiary themselves be witness to their WILL? If a beneficiary is the witness also in the WILL, will his share become void?
Ans: Never make a beneficiary a witness. Witness must always be a third party, not interested in the contents of the Will. 

4. As per my understanding the witness is responsible only to see that the testator signs the WILL in his presence. The witness is not responsible for the content of the WILL? Is this correct?
Ans: Correct

5. Can we find two witness for the WILL in any court complex in Delhi?
Ans: Always preferable to have trusted persons as witnesses, or known of the trusted persons as witnesses. Ensure there is no exchange of fees to the said lawyer, to eliminate allegations of connivance. 

1. As per law, the registration of a Will not mandatory , if it is written in the presence of two witnesses 

- Hence, two witnesses are mandatory and you can make any relative or friend 

- Yes, lawyer associate can be a witness 

2. Only the beneficiary 

3. No , The role of a witness is to prove the Will in case of dispute

4. Yes

5. Yes, you can find , but it is not suggested to have an unknown witness. 

Yes witness is not not for the above thing as stated in point no 4

1. If you don't have trustworthy relatives or friends for Will witnesses, you can appoint any two adults of sound mind who are not beneficiaries of the Will. The best practice is to choose witnesses with no conflict of interest, such as neighbours, colleagues, or professionals. These individuals should simply be present to see you sign and then sign the Will themselves in your presence to attest to its execution. 

2. An executor is the person or institution appointed in a will to carry out the deceased person's final wishes, which includes managing their estate, paying debts and taxes, and distributing assets to the beneficiaries as specified in the will.An executor for a Will can be a reliable adult of sound mind, such as a family member, friend, or even a professional like a lawyer or firm, chosen by the person making the Will (the testator) to administer their estate.  While a testator can appoint an advocate to be their executor, the role of executor is distinct from the legal profession of being an advocate. .

3. A  beneficiary can be a witness in an Indian Will, but for the Will to remain valid for them, the bequest (the gift of property) to that beneficiary will become void. While the Will itself is not invalid, that specific witness forfeits their inheritance under that Will. For people of other religions, the Will is still valid, but the property will not pass to the beneficiary witness. However, for Hindus, Buddhists, Sikhs, or Jains, the beneficiary witness does not lose their legacy. 

4. The  role of a Will witness is to attest to the authenticity of the document by observing the testator's signing and to confirm the testator's mental state, sound mind, and voluntary execution of the Will without any coercion or undue influence. Witnesses are legally required to testify in court to prove the Will's execution and authenticity if its validity is ever challenged during the probate process.  The witness need not know about the contents of the Will.

5. You must find the witnesses who can testify that the testator was of sound mind, understood the contents of the Will, and had the mental capacity to make it. If the Will is contested, witnesses can be called to provide testimony to confirm the Will's authenticity and the circumstances surrounding its signing, thereby streamlining the probate process.  Therefore you may have to look for someone who can be available for this purpose at a later stage. 

1. Witnesses – Two independent persons needed. They can be a lawyer’s clerks/associates, but not beneficiaries. You can easily find them in Delhi court complexes.
2. Executor – Person who carries out the Will. Can be a beneficiary, but not a witness.
3. Beneficiary as witness – Not allowed; their share becomes void.
4. Witness role – Only to confirm the testator signed before them; not responsible for contents.
5. Where to find – Court complexes and notary offices have people who commonly act as witnesses.

A Will in India need not be registered to be valid, though registration is recommended for additional evidentiary value. Notarization is also not compulsory but can be done as an added safeguard. For a Will to be valid, it must be signed by the testator in the presence of at least two independent witnesses, who in turn must attest it by signing in the presence of the testator. The witnesses need not be relatives or known persons; any independent adults of sound mind will suffice. If you do not have trusted family members or neighbours for this purpose, you can take assistance from neutral persons available at the local court complex, notary office, or even clerical staff, provided they are not beneficiaries. A lawyer or his associate can also be a witness, but care must be taken that they are not beneficiaries under the Will.

The executor is the person appointed in the Will to administer the estate after the testator’s death, by collecting assets, paying debts, and distributing the estate as per the Will. The executor can be a trusted individual, a professional, or even a lawyer, but it is not mandatory to appoint a lawyer. A beneficiary can also be appointed as executor, as the law does not bar this. However, an executor should not simultaneously act as an attesting witness, since that may give rise to unnecessary technical objections.

Beneficiaries themselves cannot be witnesses to a Will. If a beneficiary attests the Will as a witness, his or her share under the Will would be void to the extent of the benefit, even though the Will itself remains valid for others. Therefore, beneficiaries must never be made witnesses.

The role of a witness is limited only to confirming that the testator executed the Will in their presence. They are not responsible for or bound by the contents of the Will, nor do they assume any liability for what is written in it.

In Delhi, you can easily find independent witnesses in the court complex, notary chambers, or through your lawyer. They may be clerks, assistants, or neutral adults who are not connected to the property or beneficiaries. This is a common and legally acceptable practice.

Accordingly, it is advisable that you draft the Will clearly, appoint a suitable executor, and ensure that two independent witnesses attest the Will. Avoid appointing beneficiaries as witnesses and keep the execution process transparent so that the Will can stand scrutiny in future. You may contact us for dedicated legal advice and assistance in drafting and executing the Will to ensure that it fully complies with legal requirements and safeguards your intentions.

First of all, it is advisable to get the Will registered.

1. Legally, any adult of sound mind can be a competent witness. Better request your family doctor to be a witness, and find someone trustworthy.

2. The Testator can name an Executor in the Will itself. A bebeficiary can also be named the Executor. Better get independent witnesses.

3. There is no bar. No, the beneficiary's share shall not become void if they witness the Will.

4. Yes, perfect.

5. Find good witnesses from among your close friends.

1. Get 2 independent adults as witnesses (not beneficiaries) – can be lawyer/staff, found in court complex.

2. Executor ensures Will is carried out – can be lawyer or beneficiary (but not a witness).

3. Beneficiary cannot be a witness; else their share is void.

4. Witness only confirms signature, not content.

👉 Yes, you can easily find witnesses in Delhi court/notary offices.

I have carefully considered your queries regarding execution of an unregistered Will and have provided clarifications point-wise below:

1. Witness to the Will

   • The law requires that a Will must be attested by at least two independent witnesses who have seen the testator sign the Will.

   • The witnesses need not be family members or neighbours; they can be colleagues, friends, or even any independent persons of sound mind.

   • Yes, a lawyer or his office associates may act as witnesses, provided they are not beneficiaries under the Will.

2. Executor in the Will

   • The executor is the person appointed to carry out the directions of the Will after the testator’s death.

   • It is not mandatory for the executor to be a lawyer; it can be a trusted individual, including a beneficiary. However, from a practical standpoint, appointing a beneficiary as executor can sometimes lead to disputes, so many people choose a neutral and reliable person.

   • An executor cannot act as a witness to the Will, since the law requires the witnesses to be independent.

3. Beneficiary as Witness

   • A beneficiary should not be a witness. If a beneficiary attests the Will as a witness, then the bequest in his or her favour becomes void under Section 67 of the Indian Succession Act.

4. Responsibility of the Witness

   • Your understanding is correct. A witness’s role is limited to confirming that the testator signed (or acknowledged his signature on) the Will in their presence. The witnesses are not responsible for the contents of the Will.

5. Finding Witnesses in Delhi

   • Yes, you can arrange witnesses in the court complex, Sub-Registrar’s office, or even through advocates’ clerks and staff. Many people who work in and around the court premises act as independent attesting witnesses when needed.

Additional Note:
Although registration of a Will is not mandatory, it is strongly advisable as it reduces the chances of disputes and challenges later. A notarised Will is valid, but a registered Will carries greater evidentiary value in case of litigation.

Should you require, we can assist in drafting and arranging proper execution of the Will, including providing independent witnesses in Delhi.

Best regards,
Advocate Aman Verma
Legal Corridor

Specific details of properties should be mentioned in the will 

2) daughter on law can be beneficiary of will 

3) registration of will is optional 

1. You may please note that using a simple, generic clause in a will to bequeath all movable and immovable property equally between two children can lead to complications, even if it is legally valid. While a will does not require technical legal language, a lack of specific details can make it vulnerable to challenges and delay the inheritance process. 

2. While a son's wife can be a beneficiary in a will, she absolutely cannot serve as one of the witnesses. This is because a witness to a will must be an impartial and disinterested party. Under Section 67 of the Indian Succession Act, if a beneficiary or their spouse attests to the will, the bequest to that person becomes void. This means the son's wife would not receive her inheritance, even if the rest of the will remains valid.

3. You can register a will at any sub-registrar office in Delhi. Delhi's "Anywhere Registration" policy allows residents to choose any sub-registrar office for convenience, and the registration of a will itself is also optional under Indian law. The registration of a will is not mandatory under the Indian Registration Act, 1908, but is advisable for its authenticity. 

You need to mention the property details as that will help you in probate. Even plain mention is ok but may create issues if any party challenges it later 

1. Broad clause – Writing “all movable and immovable properties, wherever situated, to be divided equally” is valid. No need to list each property.
2. Daughter-in-law – Can be a beneficiary, but not a witness.
3. Registration – If registering, do it at the Sub-Registrar office where your mother resides in Delhi.

1. Generic Property Description - YES, Perfectly Valid

"All movable and immovable property equally between 2 children" is standard practice and court-accepted. No probate issues with generic descriptions - avoids frequent Will updates.

2. Daughter-in-Law as Beneficiary - YES, Legally Acceptable

Son's wife can be additional beneficiary alongside children - no legal restrictions under Hindu law. Common practice in family Wills.

3. Delhi Registration - Any Sub-Registrar Office

Major change: Since October 2024, "Anywhere Registration" policy - can register Will at ANY of the 22 sub-registrar offices in Delhi.

Online appointment booking at any convenient office - no jurisdiction restrictions.

Key Points

• Generic property description prevents frequent Will updates

• Delhi + Haryana properties in single Will - no issues

• Book online appointment at most convenient sub-registrar office

Bottom Line: Your approach is legally sound and practical.

As long she is not the beneficiary, she can very well stand as an attesting witness to attest the signature of the testator.

The witness need not know the contents of the document she or he signing as witness. 

Therefore there is no legal infirmity in the wife of one of the beneficiaries standing a a witness to the Will.

1. 1. Witnesses for a Will
      
      

   1. Who can be a witness?

   
   

   • Any adult person of sound mind can act as a witness.
   • Lawyers or their associates can be witnesses, provided they do not stand to inherit under the Will.
   • Witnesses should be independent, neutral, and preferably not family members or beneficiaries.



2. Can beneficiaries be witnesses?

• 
  No. If a beneficiary is also a witness, courts may question the validity of their share. There is a risk that their inheritance could be challenged or reduced.
• Best practice: Keep beneficiaries and witnesses separate.

• Witnesses primarily attest that the testator signed the Will willingly in their presence.
• They do not certify the content or correctness of the Will, only the authenticity of signature and date.

• Trusted professionals, neighbours, colleagues, or lawyers’ associates.
• You cannot rely solely on random people in a court complex; they must be adults of sound mind who understand the signing process.

1. Executor of the Will

1. Who is the executor?

• The executor is the person appointed to administer and distribute the estate as per the Will.
• Can be a family member, lawyer, or trusted person.

• Optional. If you want smooth probate and administration, a lawyer can act as executor.
• Executors cannot be witnesses. A witness cannot simultaneously act as executor.

• Yes, a beneficiary can also be an executor, but it’s better to appoint an independent executor to avoid conflicts of interest.

1. Content of the Will

1. Generic description of assets:

• Writing: “I bequeath all my movable and immovable property (both within Delhi and outside Delhi) equally between my two children” is legally acceptable.
• Pros: No need to update for every transfer or sale.
• Cons: In probate, the court may require proof of ownership of properties at the time of death to execute shares. But it does not invalidate the Will.

• Legally allowed. You can include anyone as beneficiary.
• Best practice: Clearly state her share in percentage or specific asset allocation to avoid ambiguity.

1. Registration / Notarization

1. Sub-registrar office:

• Notarization is not restricted to sub-registrar offices.
• You can get the Will notarized by any notary in Delhi; it need not be filed at the sub-registrar where the property is located.

• Registration of Wills is not mandatory under the Indian Registration Act.
• Notarization adds proof of authenticity, but probate is still required after death for immovable property.

Key Recommendations

1. 
   Two independent witnesses who are not beneficiaries or relatives.
2. 
   Executor should preferably be a neutral, trustworthy person (can be a lawyer).
3. 
   Son’s wife can be a beneficiary, but must not be a witness.
4. 
   Notarization suffices for proof; registration is optional.
5. 
   Generic wording for assets is fine, but keep proper asset records for probate.

You need only 2 witnesses for the execution of will by testator 

Avoid making sons wife witness 

Yes they can

Yes properly details are needed specifically in the will to avoid complications later

It is advisable to mention details of all properties in the will 

If the details of the property are not mentioned in the Will then you may have practical difficulties while endorcing the Will.

Hence it is always better to furnish the complete particulars of the property to be bequeathed.

1.Suppose we don't write the individual property details in the WILL and later after the demise of the testator( my mother), we(her children) go to get the mutation of each of the properties( within Delhi and outside Delhi) done.So then can they create an issue that as the individual property details are not specified in the WILL so they cannot do the mutation of a particular property based on the generic line in the WILL that " Testator is bequeathing all her movable and immovable property( both within Delhi and outside Delhi) equally between her 2 children" because the details of that particular property( of which we are getting mutation done) is not there in the WILL.
Ans: The mutation of each of the properties in the Testator's name is done on the basis of the title deeds. Further, mutation is done only towards taxation purposes. Mutation does not give you title over a property. Hence, the transfer of title process will have to be done through the revenue department of your region. 
In case the Will is not already made, i strongly recommend you add the details of atleast the known properties to remove any kind of discrepancies of such nature for future. 

- You mother can write the Will after including the details of the properties which are out of Delhi 

- Further, the Will must contain the details of all the properties which she wanted to transfer both of you, and after her demise you will face at the time of mutation of the properties which is not mentioned in the said Will.