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Kaushik   12 November 2018

Validity of registered document witnessed by advocate

Dear Experts,

1. Is the Validity of a Registered Document viz. Will, Power of Attorney, etc., Affected if it is Witnessed by a Layer or Advocate?

2. If so, Who is Liable for the Error amongst:

a) The Lawyer who has Witnessed the Document,

b) The Person who has Executed the Document, &

c) The Person in whose Favour the Document has been Executed?

3. What is the Legal Remedy in such a case, if any?

Thanks,

Kaushik.



Learning

 3 Replies

Shashi Dhara   12 November 2018

Throw that document . Do another valid document.

Kumar Doab (FIN)     12 November 2018

The role of witness may get restricted to affirming that person(s) signed bfore witness.

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, Religious scholars, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, revenue codes/rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably from a counsel specializing in concerned filed of law e.g;  Civil matters.

Try to obtain written legal opinion from your LOCAL counsel.

Kumar Doab (FIN)     12 November 2018

Professional ethics may deter Advocate to sign as witness.


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