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Saranga (student)     03 March 2014

Non proving of attesting witnesses.

Hello everyone.

    Please drop some suggestions.

Will dated 1993, testator died in 1995....probate petition filed in 2009

 

problem:-1) Both the attesting witness died, thus they could not be examined-none could get  examined to proof the signature of deceased attesting witnesses- only scribe is examined.execution of will is denied-one of the contesting opposite party who happens to be the son of deceased testator denied the signature of his father in the will. Will non proving of attesting witnesses in any manner be fatal??

The will appointed “A” as executor of the will.......during pendency of the proceeding executor died.....his legal heirs substituted....there is no recital consequent to death of sole executor. Now the question is whether substituted heirs has any right to proceed with the case.



Learning

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