Presenting witness to ratify will

Querist : Anonymous (Querist) 30 April 2011 This query is : Resolved
Dear Experts need your help and guidance

My Father wrote his will in favor of myself and sister and left my brother out of the will as he had separated from the family before the execution of will

After my fathers death my brother has contested my Fathers will.

I located and want to present the only surviving witness who is now an aged senior citizen.

After many visits and hearings over the last two years my brother has till date not allowed the witness to provide his testimony in court.

Is there a way that I can request for a witness deposition considering that the witness is above 70 years of age and not of good health

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adv. rajeev ( rajoo ) (Expert) 30 April 2011
yes you can submit before the court and you can also press the court to proceed with the case. If court didn't hear your submission then file a writ in the high court seeking direction to go with the case immediately.

Kiran Kumar (Expert) 30 April 2011
if there is some unnecessary delay and you are not finding proper indulgence of the court then it will be better to seek directions from High Court to expedite the entire case....the HC may direct for the time bound disposal of the matter.

Apprise your counsel about 2005 judgment of SC titled as Salem Advocates Bar Association, T.N v/s Union of India.

M.Sheik Mohammed Ali (Expert) 30 April 2011
yes, i do agree experts

Vishnu Promod Srivastava (Expert) 30 April 2011
I also endorce the views expressed by the experts above.

Vishnu Promod Srivastava
Advocate & Tax Consultant