Urgent help-----Who can be a attesting witness?
Rajat sahotra
(Querist) 20 July 2011
This query is : Resolved
Experts,
A will has been duly attested as a witness by the clerk or the dealing hand of the sub registrar's office while he was on duty and registered before the Sub registrar.
Now whether a clerk or dealing employee of the Sub registrar's office can be attesting witness to a will while he is on duty?
Whether his attestation is valid or it creates enough doubt to challenge the will under suspicious circumstances?
Please advise need urgent help!
Sajeev Menon
(Expert) 20 July 2011
They are not authorised to attest the document or not supposed to attest document as a witness since they are on duty at the same place and it will cause suspecion regarding the executoin of the document.As per law, if there is no other clear written direction from the department, we cant say that the attestation is void but still in the eye of law the execution will be suspecious.
Raj Kumar Makkad
(Expert) 20 July 2011
I do agree with Sanjeev. Though there is no restriction for such employee but definitely it creates a genuine suspicion.
prabhakar singh
(Expert) 20 July 2011
if that witness was personally known to the testator then i do not see any harm in it,much will depend on facts of the case.
Chanchal Nag Chowdhury
(Expert) 20 July 2011
An attesting witness is a witness only to the execution(signing) of the Will by the testator & not of the contents thereof. So there is no restriction to the clerk's attestation.
However, there remains enough scope for suspicion & it may adversely affect the beneficiary at the time of obtaining Probate as the testator will not be there & the attesting witnesses will have to depose in court.
Rajat sahotra
(Querist) 21 July 2011
Ok its fine that since they are on duty at the same place and it will cause suspecion regarding the executoin of the document.
But this is what a layman also says when this preposition is put to him.
But Sir,kaushak kishore sanadhaya as u said where is the provisions and under which law that there is no bar to attesting.attestation is valid by a govt official on duty.
I think we all are talking like layman.
Guest
(Expert) 21 July 2011
Dear Rajat,
Whether on duty or not on duty, any official working in the Sub-registrar's office is not supposed to attest any document as a witness, unless the case relates to some of his own close relative. If he does so, that can give rise to suspician of some malpractice or manipulation. The Sub-registrar, himself should have to declined to accept witness of his subordinate official on the will.
Even if any case relates to his own close relative, in the interest of fair practice, he should have avoided witnessing the document and would have managed to get some non-official witness or of some advocate.
A. A. JOSE
(Expert) 21 July 2011
I am of the opinion that there is no legal bar for a Government Servant on duty against acting as an Attesting Witness of a Will. I do not agree with the view that there will be room for suspician/malpractice/manipulation,etc., on this ground. The logic for this argument is difficult to understand as none of the experts have given valid grounds for the same. On contrary, I am of the considered view that when a Public Service on duty acting as an attesting witness, if and when the Will is challenged in the Court of Law, the mere fact of its attestation by the Public Servant on duty would give more credence to the Will and its execution.
