I am living in Punjab. My father has made a will favoring his property in my name. The will is on a simple paper. Will has two witnesses . One is his wife I.e. my mother. She is not a beneficiary In this will. Second is a stranger a homeless person , a person without home. I want to know 1. Is it a valid will. 2. Can the wife of the writer of a will when she is not a beneficiary to the will be a witness. 3. Can a stranger a person without home be a witness to a will. 4 . Can a will on a simple paper without any registration be a valid will.

  • Not really any of the questions you asked, but: if someone later tries to claim the will is not genuine, you could try to prove it is by calling the witnesses to testify. But the homeless person may be difficult to find. And the wife might have an incentive to lie, since it could be that if the will is found to be not genuine, the wife would inherit by default. So even if this choice of witnesses is legal, it may not be wise. If the value of the property is significant, it would surely be wise to consult a lawyer. Sep 30 '19 at 2:49

The court will care if the testator is adult, of sound mind (including, not drunk), makes the will of their own volition, and only disposes of their own property. It must be witnessed by 2 persons, who witness the testator signing the will (or legal substitute such as a "mark", or an instruction to a third party to sign). And the will must be the last will of the testator. Ultimately, the probate process is what determines the validity of the will.

There is nothing in your description of the witnesses that would make the will invalid. A will can be on plain paper, and it is not required that it be registered. The Indian Succession Act 1925 is the law of wills for all of India.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.