Attesting Witness of Will

Querist : Anonymous (Querist) 11 March 2011 This query is : Resolved
Two witnesses appeared before Sub-Registrar during execution and registration of a Will. One of the witnesses is now denying to have put his sign, thumb impression on the will as attesting witness and saying that he was not present at the time of execution and registration of the will.

My query to learned experts is:

(1) Will denial of the second witness as mentioned above, lead to cancellation of the registered will?

(2) Can the court take into consideration the statement of the first witness who admits attestation of the will and order transfer of legacy in favour of legatees?

(3) Can the second witness who is now denying attestation of the will for vested interests, though he was an attesting witness to the registered will, be prosecuted and convicted for lying on oath in the Court?

Thanks.

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Guest (Expert) 11 March 2011
apart from the witnesses the writer of the will be the key in proving the will. The witness can only be charged only by the presiding officer of the court. The individual has no right to initiate the proceedings for giving false evidence

Devajyoti Barman (Expert) 11 March 2011
1. No if his signature is nevertheless proved.
2. Yes definitely.
3.Yes he could be prosecuted for which you have make an application u/s 340 crpc but before that his false testimony will have to be prima facie shown to be untrue.

Chanchal Nag Chowdhury (Expert) 13 March 2011
Mr.Barman has given all the answers.

Guest (Expert) 13 March 2011
I agree with Mr. Barman.

V.Mahadevan (Expert) 13 March 2011
Registration of WILL constitutes evidence that proper persons had appeared before Registering authority and that the said authority had ascertained their
identity and attested the document.
Once validly executed executed,it is held in custody of officer and evidences genuineness of WILL. Entry of Will in the Register duly endorsed by Registrar is sufficient to prove the execution of Will.

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