Signs of testator, witnesses key for valid will: HC

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Madurai, Feb 29 (UNI) The Madurai Bench of Madras High Court has held that to constitute a valid will, the testator has to sign it, attested by two witnesses.

Allowing a civil revision petition filed by two sisters, who lost a civil suit against their brother owing to the failure of the lower court to ascertain the validity of a will supposedly executed by their parents in favour of the son, Mr Justice K K Sasidharan said it was the duty of the lower courts to check the genuineness or the due execution of the will and that could be arrived at only if they thoroughly read the will.

The will did not contain the signature or thumb impression of their mother against her name though it contained the seal of the sub-registrar and signatures of the father and a witness. The absence of the signature vitiated the whole will and the first dependent (son) was not entitled to get the property of the mother, the judge said.

Hence to constitute a valid will, the testator had to sign it, attested by two witnesses, he observed.

The Vilathikulam District Munsiff gave a verdict in favour of the son on the basis of the joint will purportedly executed by his parents. Kovilpatti Sub-Judge also confirmed the decree, dismissing the appeal by the sisters.


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