When a parent decides to pass on his or her Estate both movable and immovable to one child, they can ask the other children to act as a witness to the will. The Indian Succession Act, 1925, does not bar legal heirs from becoming a witness to a will (except in case of specific religions). The Indian Succession Act allows a beneficiary mentioned in the will to serve as a witness. However, one must remember that succession laws in India are religion specific. A beneficiary or spouse of a beneficiary can be a witness to a will if it is created by a Hindu, Buddhist, Sikh, or Jain. However, Section 67 of the Indian Succession Act (not applicable to Hindu, Buddhist, Sikh or Jain) does restrict a beneficiary or spouse of beneficiary from being a witness to a will in case of other religions.

But can a legal heir who is also a witness to the will, challenge the will at a later stage?

A legal heir who is also a witness to a will can challenge the will on restrictive grounds in accordance with the law prescribed under the Indian Succession Act.

The Indian Succession Act, 1925, mandates that a will has to be attested by two or more witnesses. It is not a requirement of the law that the attesting witness must know the contents of the will. The only requirement of the law is that the testator (maker of the will) should sign the will in the presence of two or more witnesses and the witnesses should also sign the will in the presence of the testator. Grounds on which a legal heir can challenge a will

Some of the grounds on which a legal heir can challenge the validity of a will are:

• If the will was made under Fraud, Coercion or Undue Influence
• If the testator of the will did not know the contents of the will at the time of signing it
• If the challenger has proof that the will was signed fraudulently or the will was actually not signed by the testator
• If the testator was of unsound mind at the time of making the will
• Lack of testamentary capacity to make the will. For instance, a minor cannot make a will.