Withdraw from witnesses of will
nchf
(Querist) 29 January 2015
This query is : Resolved
I signed as one of the witnesses without going through the contents of the Will of my neighbour which he said is for giving his property to his son. But actually that Will was of his father. Now, he has filed a Probate Petition on the basis of that Will of his fater. I want to withdraw from that witness. What is the procedure that I should follow as the other wintess is expired. What action I can take against my neighbour on the above fraud?
ajay sethi
(Expert) 29 January 2015
you need not appear in court to give evidence . without your evidence probate wont be granted as other witness is dead
ajay sethi
(Expert) 29 January 2015
or you can appear in court and mention true facts of the case
Rajendra K Goyal
(Expert) 29 January 2015
Appear before the court and mention the fact.
Devajyoti Barman
(Expert) 29 January 2015
if summons is issued then you can avoid attendance as in its default warrant may be issued.
Satya Mani Tiwari
(Expert) 30 January 2015
Dear Sir,
As a witness the court will only ask to testify that you had put signatures as a witness or not.
Its duty of every body to read the contents before putting up the signatures, this plea can be valid in case the man is illiterate.
I do not agree that you avoid court attendence because its not legal advice. As law abiding citizen of India its our duty to attend court when any summon or Warrant is issued by court.
I request all members of this forum to give legal & right opinions to a complainant as that is what is expected of you as an expert.
