Is there need to proof registered will if admitted
Querist :
Anonymous
(Querist) 30 October 2021
This query is : Resolved
Dear sir,
If all the respondents admit that the Will is genuine in probate,then will the court ask the petitioner to proof the registered Will
P. Venu
(Expert) 30 October 2021
You have not posted the material facts.
Querist :
Anonymous
(Querist) 30 October 2021
To Mr. P.venu I had filed a probate petition in high court of Delhi. If all the respondents file their reply that the registered Will is genuine then can the court tell me to proof the Will by calling a witness to the Will. Kindly inform me which matrial facts you are asking.
Advocate Bhartesh goyal
(Expert) 30 October 2021
Yes, if respondents have replied that " will is genuine " even than court can ask you to prove will as per law.
kavksatyanarayana
(Expert) 30 October 2021
Agree with the advice of the above learned expert Mr.Bhartesh Goyal sir.
K Rajasekharan
(Expert) 30 October 2021
A Will cannot be proved as genuine by admission of the other parties as it can be done in other civil cases, as it is of a matter concerning the intention of a deceased person and therefore it required more solid proof.
It is the duty of the Propounder of the Will to prove that the Will was signed by the Testator in the presence of at least two witnesses, the Testator was in sound and disposing state of mind at the relevant time. he understood the nature and effect of the disposition – the contents of it and he put the signature to the Will of his own free will.
As per the law probate of the Will is not compulsorily required in Delhi and therefore the probate proceedings seem to be unnecessary.
Dr J C Vashista
(Expert) 31 October 2021
@ Anonymous,
You have stated inter alia, "I had filed a probate petition in high court of Delhi." is it true and correct since probate petition is being filed before Administrative Civil Judge of the district but not before Delhi High Court ?? Can you please provide me details of the probate petition pending before Delhi High Court, just for my personal knowledge ??
Further you have queried that, "If all the respondents file their reply that the registered Will is genuine then can the court tell me to proof the Will by calling a witness to the Will" court shall never (NEVER) call for any evidence rather onus to prove genuineness of will (or any other document produced ) lies with the petitioner. The court shall decide on the basis of evidence(s) submitted by parties to lis / records available on record.
I fully agree with the advise of expert Mr. K Rajasekharan probation of will is not (NOT) compulsory in Delhi, hence need not to file, particularly in the case where there is no objection from anyone, as stated by you.
Prima facie it is a "time pass" topic for debate.
N.K.Assumi
(Expert) 31 October 2021
No doubt, will is a special kinds of documents under the law, but when it is registeredand and the existence of the will being admitted, in absence of suspiscious circumstances hovering around the execution of the will, any further probe is unnecessary.
P. Venu
(Expert) 31 October 2021
Yes, how is that the application/petition came to be filed in the High Court of Delhi which, to my understanding, has no jurisdiction in ordinary civil matters?
Querist :
Anonymous
(Querist) 04 November 2021
To Dr. J. S. Vashista & Mr. P. Vinu Dear sirs, I filed a probate petion in High court of Delhi. You may check cause list and you will find many test. Cas. filed in Delhi High court. To. Mr. N. K. Assumi , Dear sir, sec. 58 overrides section 68 of evidence act and formal proof is not required under sec 68 unless attestation is in dispute.
What will happen if three respondents are exparte, maybe exparte also means they have admitted the said Will. Two respondents have filed Will is genuine. Please clarify.
