Fri, Feb 20, 2026 | 02:22 PM IST
Choosing a Will scribe carefully is crucial, especially if they are also a witness. While a close relative can draft a Will, it may lead to increased judicial scrutiny. A scribe can act as a witness if they intend to attest the testator's signature, a point clarified by the Kerala High Court.
A will fails if its witnesses become hostile. This means the deceased's property will be distributed according to Hindu succession laws, not the will's wishes. For Hindu females, this follows specific rules under the Hindu Succession Act. The law prioritizes statutory inheritance when a will cannot be proven. This ensures a clear path for property devolution.
The Supreme Court dismissed a property inheritance case. A key witness disowned a will during cross-examination. This means the property will now follow natural Hindu succession laws. The mother had filed a case against her son for property title. The trial court had given partial relief. The mother passed away during the appeal.
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