Calling sub register as witness
rajashekhar
(Querist) 25 July 2017
This query is : Resolved
Dear experts.in this case of pliantiff presented will deed of her father to court.there are 4 attestors to will deed. None were presented as witness in trial court. Plantiff says her father kept will deed in the custody of her fathers friend .he has been examined as PW 4 witness .now plaintiff says all 4 attestors are not avilable as witness to court in fact one attestor is known to her .and filed I.A for calling sub register as witness in her favour and same is dismissed.now pliantiff filed civil revision petition in high court requesting direction to lower court to set aside order in I.A of lower court.sent notices to respondents who are plaintiffs own brothers through second wife of plintiffs father.can pettion be challenged in high court by respondents
rajashekhar
(Querist) 25 July 2017
Please answer and guide sir
P. Venu
(Expert) 26 July 2017
The posting lacks clarity. Please post simple but complete facts.
rajashekhar
(Querist) 26 July 2017
Can sub registar who registred will be call as atteating witness showing reason of non avilability of four attesting witnessess to will deed
R.K Nanda
(Expert) 27 July 2017
yes, u can call SR as witness.
rajashekhar
(Querist) 27 July 2017
That calling atleast one attesting witness is mandatory then with out calling any body .Can sub registrar be called .the I.a with request to call Sub registrar in trial court dismissed and lower court order is challenged in high court .how to resist current pettion in high court
rajashekhar
(Querist) 27 July 2017
That calling atleast one attesting witness is mandatory then with out calling any body .Can sub registrar be called .the I.a with request to call Sub registrar in trial court dismissed and lower court order is challenged in high court .how to resist current pettion in high court
Dr J C Vashista
(Expert) 28 July 2017
If the document of Will is registered the concerned SR shall (no option with Court) be called to depose with his records.
Subsequently there is no legal requirement of any/either of the attesting witness(es) to the will.
rajashekhar
(Querist) 28 July 2017
Dear sir in case where testator sign forged and thumb impression was not of testator with out calling at least one attesting witness can sub registrar be called ? And the first attestor made forged the sign of second attestor apart from his own sign .now pliantiff says all four attestors not avilable and one attestor is not known to pliantiff .how to resist writ in high court after dismisal of application for request of S.R.O at trail court
P. Venu
(Expert) 28 July 2017
What prevents you stating the complete facts instead of posting selective information in installments as if it is a mercy on us?
Are you a party in the matter? If so, the plaintiff or the defendant? What are the issues involved? What is the present stage of the proceedings?
