What are the attestation requirements for a valid will in New Delhi?

Detailed Legal Analysis

Attestation of a will in New Delhi requires two witnesses who have seen the testator sign or affix his mark in their presence. The Delhi High Court has held that attestation must be done at the testator's direction and in the conscious presence of the witnesses.

Under the Delhi Rent Control Act 1958 and the Indian Succession Act, the witnesses need not know the contents of the will. A beneficiary or their spouse cannot be a valid attesting witness under Hindu law.

The witnesses must sign in the presence of the testator though not necessarily in each other's presence. Defective attestation renders the will invalid regardless of the testator's intent.