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Gurdip Singh (Accountant)     31 July 2018

What is impact on case of withdrawing witnesses to will

Respondent to partition suit does not file affidavit of attesting witnesses to his Will, 

who are same as attesting witnesses to my will, 

then withdraws them from cross exmaination but tries to prove his will at time of cross examination

of my woitnesses



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 3 Replies

Karanveer Singh (Advocate)     31 July 2018

Yes, he can get his Will proved through your witnesses during cross examination. The fact that they did not get them examined during their chief - examination stage does not bar them to prove them through cross examining your witnesses which, essentially, are the same.

Kumar Doab (FIN)     31 July 2018

Witnesses in the said case can assert that testator signed the WILL so the WILL is genuine.

Kumar Doab (FIN)     31 July 2018

From all threads initiated by you, IT can be construed that you need a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil matters   and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Civil courts, HC, SC……


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