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November 06, 2023
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Can A Legal Heir Who Is Also A Witness, Challenge The Will?

Can A Legal Heir Be A Witness To The Will?

In accordance with the Indian Succession Act of 1925, legal heirs are generally not prohibited from serving as witnesses to a will, with exceptions specified for certain religions.

What Law Says About Witnessing A Will

According to the Indian Succession Act of 1925, a will must be attested by two or more witnesses. The law does not necessitate that attesting witnesses must be aware of the will's contents. The sole requirement is that the testator, the person making the will, should sign it in the presence of two or more witnesses, who, in turn, need to sign the will in the presence of the testator.

Grounds for Challenging a Will by a Legal Heir

Legal heirs can contest a will based on various grounds:

  • If the will was made under the improper influence of another party.
  • If the testator was unaware of the will's contents during the signing.
  • If there is evidence proving the will was signed fraudulently or not by the testator.
  • If the testator was mentally unsound at the time of making the will.
  • If the testator lacked the legal capacity to make a valid will.