FILING OF PROOF AFFIDAVIT BY AN ATTESTOR
anandakumar
(Querist) 02 May 2016
This query is : Resolved
AN ATTESTOR WITTNESS TO A REGISTERED WILL DOCUMENT IS AN INTERESTED PERSON OF THE BENEFICIARIES.HE WAS NOT CALLED BY THE COURT TO DEPOSE EVIDENCE BEFORE THE COURT ON PAYMENT OF PROCESS FEE TO SUMMON HIM.BUT,ACCORDING TO THE INSTRUCTIONS OF BENEFICIARIES/PLAINTIFFS HE SUBMITTED HIS WRITTEN PROOF AFFIDAVIT BEFORE THE TRIAL COURT. WHAT IS THE POSITION OF LAW IN SUCH ASPECT ? HE IS NOT CROSS EXAMINED . NEXT HEARING HE HAS TO BE CROSS EXAMINED? HE IS IN NO WAY CONNECTED TO THE TESTATOR. PLS SUGGEST.
P. Venu
(Expert) 03 May 2016
What do you mean by "INTERESTED PERSON OF THE BENEFICIARIES"?
RAVI K GOUD
(Expert) 04 May 2016
What is your status.
Plaintiff will have the right to adduce the evidence of the Attesting witness subject to permission from the court. By filing an affidavit by the attesting witness his evidence can be taken on record and he will be subjected to cross examination by the defendant or his counsel as a right.
And the Attestor need not be connected or related to the testator but shall be with sound mind and shall attest the document only in the presence of the testator and he must seem him physically and shall be able to identify the testator.
Dr J C Vashista
(Expert) 07 May 2016
The will is itself defective wherein the beneficiary is an attesting witness.
However, what is your status in the case?
