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smitha (house wife)     14 February 2019

Will registration

Need a help experts, Does a registered will be declared invalid, incase the only alive witness for the will claims that he's not remembering the person for whom the will was made. The funny part is , the witness is the person whos prepared the will document n alive witness. Unfortunately in a turn of events, this particular witness (who's the only alive witness at present) has turned hostile n claims that he's not exactly remembering who's signed the will


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 9 Replies

sivakumar srinivasan   14 February 2019

If other witnesses of the will are not alive, then their signature has to be proved through some other persons who are well aware of the signature of the witnesses.

smitha (house wife)     14 February 2019

Sir, does it mean I have to prove the signature of the deceased witness through some other document? This is my uncle's will that's being questioned, so will me proving his signatures thru some other document help in any way. Our will it lead the will to. Cancelled or quashed. It's a20 yr old will.

smitha (house wife)     14 February 2019

Sir, does it mean I have to prove the signature of the deceased witness through some other document? This is my uncle's will that's being questioned, so will me proving his signatures thru some other document help in any way. Our will it lead the will to. Cancelled or quashed. It's a20 yr old will.

kavksatyanarayana (subregistrar/supdt.(retired))     14 February 2019

Your query missed some facts.  However, the person who prepared the Will shall not a witness.  In your query you said that the witness who alive prepared the Will.  so it is not valid.

sivakumar srinivasan   14 February 2019

see section 69 of Evidence act

Shashi Dhara   15 February 2019

U call subregistrar as witness and also dead witness relatives to identify his sign Nd deed writer . If suit is dismissed appeal it upto high court don't loose hope. Advocates r thier. God is great.believe him

Justin Antony   16 February 2019

in my recent case the same in different side... junior assistant of sub registrar office called as witness to prove the will... but the honourable Court not accept the junior assistant's affidavit as under the Evidence act sec 69... the same manner Sub registrar only signed the records for registered and he/ she not a witness...

Shashi Dhara   17 February 2019

If Ur application is dismissed than approach high court against the orders. Civil litigation means never ending litigation.if u wash Ur hands urself will fail so go on .engage intellengt advocate.he never ends the case. If party's come to compromise than it will ends.

smitha (house wife)     08 March 2019

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

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