Signature Of Witness Required to Probate A Notarized Will | Vkeel - Free Legal Advice

Bhuvan K

Kolkata

I purchased a property owner left me a notarized will giving right for transfer, sale, mortgage & her legal heir (2 sons) have no intention for the property. Her 2 sons are the only witness signed in the will. 1 son died. So my question is can I the sole executor can probate the will with a death certificate or I will require witnesses signature.

Expert's Answers(3)

Kishan Retired Judge ( Advocate)
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, Signature of witnesses is mandatory unless dispensed with by the Court. Please give me rank after viewing my details. Please call me for further assistance.

July 8, 2021
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hi, You have complete right in the property which you have purchased. As per Section 63 of the Indian Succession Act, 1925, and section 68 of the Indian Evidence Act, 1872, at least one of the attesting witnesses will need to depose for the purpose of proving due execution of a Will. Thank You

July 6, 2021
Hardik Sheth
Rajkot, Gujarat

each registered document for getting legal in the eyes of law does need the signatures of the witnesses or the consents of the legal heirs.

July 6, 2021