Registered will cancellation
smitha
(Querist) 08 March 2019
This query is : Resolved
Respected experts
In the above legal battle against my father's first cousin, the high court has rejected our plea to question or add another additional witness as the only alive witness has refused to identify or rather said he's not sure who's signed the will (Inc this case my father's uncle who's written the will in my father's name). Does that mean that the court will declare the will, which is a registered one invalid.
Incase the order comes against us, that's is the will is declared invalid, will there be any hope appealing to the high court against the order , . And as the will was in my father's name he's built a HSE on it, will they have to vacate the HSE and lose IV the money spent on it.
Experts pls help, we r having the orginal registered will document any yet but able to prove the authenticity Just coz the witness turned hostile
Secondly what r the precautions to be taken while making a will so that it's foolproof.. Coz we r having a tough time even though the orginal document with us and on the verge of losing our hse
NANDKUMAR B SAWANT
(Expert) 09 March 2019
You have to prove your will by examining relevent witnesses and producing your relevent documents and supporting affidavits.produce in court attested copies of relevent documents by producing originals for verification to prove registration of will .you will succeed
NANDKUMAR B SAWANT
(Expert) 09 March 2019
You have to prove your will by examining relevent witnesses and producing your relevent documents and supporting affidavits.produce in court attested copies of relevent documents by producing originals for verification to prove registration of will .you will succeed
smitha
(Querist) 09 March 2019
Sir incase the theres aonly one witness
alive at present andd he's turned hostile? Will the document b cancelled
Adv Shailendra Deshpande
(Expert) 09 March 2019
1. Registered will itself is good evidence. Hence your council needs to defend this point even if the witness has turned hostile.
2. If same witness was been present at Registrar office while registration, then his signature in those records in valid proof. Attesting witness has more validity than Identifying witness.
3. Graphologist report may be helpful to testify the signatures of testator.
smitha
(Querist) 09 March 2019
Sir, the witness has identified his signature , the signature of the deceased first witness, he has only refused or rather said he's not remembering the person who's made the will and signed it (the stmt which has turned the events around for us). This particular will was made by my father's maternal uncle in my father's name which my father's first cousin has challenged.
KISHAN DUTT KALASKAR
(Expert) 09 March 2019
Dear Sir,
Simply because your request to examine one more witness does not mean that your entire case will be turned down. It being a registered Will and it has its own sanctity. The Trial Court always analyze each fact and give its finding. You should not use faith in the Indian Judiciary System.
Please mark “LIKE” if satisfied by my answer.
smitha
(Querist) 09 March 2019
Thank you sir..we r also hoping for the best
P. Venu 
(Expert) 09 March 2019
Why is that the proceedings are in the High Court? What is the nature of the proceedings?
A. A. JOSE
(Expert) 09 March 2019
There is remote chance of the registered will declaring invalid by the Court and even if it is declared so, you have every right to challenge the same. No need to be panic right now itself but hope for the best.
NANDKUMAR B SAWANT
(Expert) 10 March 2019
As the case is pending in said court and there must be your advocate defending same who is having all relevent case papers so it is advisible to let your advocate take appropriate decision you may kindly clear all your doubts with him .Good luck
Dr J C Vashista
(Expert) 11 March 2019
Whether you are sure the case is proceeded in High Court and High Court is taking evidence as stated by you? If so, what is the case, it is just for my own interest/ curiosity.
