Validity of a Will by a Paralyzed person
Kasinath Patel vs Radha Bai And Ors. on 20 April, 2005 (High court of Andra)
If a person is paralyzed and not able to write a will by his own hands, he/ she has the liberty to
appoint a scribe and dictate the will. This will is valid if it is attested by the Disabled person in front
of two witnesses present at the time of dictating the will there is also necessity of other witness
being present as it was decided in this case or else the validity of the will become difficult to prove it
in front of the court if opposed by any interested party of the will.
Hemlota Dabee (1883) 9 Cal. 226, (Will by a Blind Person)
The execution of the will was taken to be according to the third mode of execution of a will
i.e by attestation by the person specified by the testator. (Section 50 of the old Succession
Act 1 of 1865 being the same as Section 63 of the new Act) In that case, the testator was
blind and one of the witnesses signed the testator's name at his request by writing out the
name of the testator and stating that it was by the pen of the writer.This was allowed by the
Judge deciding the case and it’s valid
Dasureddi vs M. Venkatasubbammal AIR 1934 MADRAS 436 (Will by a Completely disabled
person who could only speak and couldn’t sign)
It was decided that as the testatrix was bedridden and not in a condition to sign the will on
her own the sign done by the scribe on the direction of the testatrix in the presence of
witness was considered as a valid will while deciding the case.
KEY TAKEAWAYS
A paralyzed person is able to make a Will through an appointed Scribe.
A blind Person can also make a will in the presence of Witness.
In case a testator is not able to sign the will he may direct a person specified him to
sign the will on his behalf after mentioning the same in the will.
Digital signature cannot be accepted as a valid signature under the current law.
A will is invalid if none witness are present during the execution of a will.
A person who is in Persistent Vegetative state is considered as a person of unsound
mind
0
