Proving of a will
TEJ NARAYAN RAO
(Querist) 03 September 2012
This query is : Resolved
Respected Experts,
Before submitting query, I give below a brief background of the case:
My father was three brothers. Elder uncle (1st) was handicapped, unmarried and has no successor. My father (2nd) has four sons. My younger uncle (3rd) has three sons. My younger uncle did not look after elder uncle since 1983. We four brothers looked after our elder uncle in his old age.
My elder father executed a will in April, 2003 in favour of we four brothers who looked after him. Two witnesses attested the will. The will was registered in the office of Sub-Registrar.
My uncle expired in August, 2010. My cousins have filed a civit suit for cancellation of the will executed by my elder uncle in our favour. They have manoeuvred to submit an affidavit from one of the attesting witnesses that he (attesting witness) has not attested the will / put his signatures on the will. I have personally visited this witness and requested him not to do this under pressure of the opposite party but of no avail.
The other attesting witness has consented to submit affidavit and given evidence that both the attesting witnesses have signed on the will and the will has been signed and executed by the testator in their presence.
With all humbleness, I wish to submit the following queries:
1) How can we defend our case?
2) Whether the affidavit submitted by one witness wherein he has refuted his signature on the will in capacity of attesting witness shall prove detrimental to our interests ?
3) Can the signature of the witness (refusing to have attested and signed on the will) be examined by handwriting expert and the witness be held liable for giving false evidence / perjury / criminal offence ?
Please help and suggest me the legal recourse to be taken.
Thanks in advance,
Tej Narayan Rao
ajay sethi
(Expert) 03 September 2012
1)in your case will is registered . it would help in satisfying the court that will is authentic as your uncle must have vsited registartion office for purpose of registartion .
2)in addition one attesting witness is willing to depose that testaor signed in his presence and that 2 witnesses signed in presence of each other
3) the fact that other witness has depsoed that he did not sign the will would make suit a prolonged affair and delay obtaining probate of will .
4) you can examine handwrting expert if you so desire
V.Mahadevan
(Expert) 05 September 2012
The existence of registered WILL is a lawful material and undeniable fact/ evidence on record and you can rely and urge the same in defense in any proceeding. You have a prime facie case on merit.
If needed it should not be difficult to apply for and obtain details of registration of the WILL from Registrar;s office to buttress and firm up your case.
Please do not abstain from enlisting the services of a competent advocate.
