Probate

kaushikphm (Querist) 30 August 2010 This query is : Resolved
Dear Sir,

We filed a application for probate of will and it was converted to TOS later. Executor and one witness were examined. Also, examined the advocate who drafted this will. As per his evidence, he neither present during execution and registration of will, but he said that the intestator was in sound mind and health. Please advise whether his statement affects the probate.

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adv. rajeev ( rajoo ) (Expert) 30 August 2010
What is your contention regarding the Advocate. Have you taken he was present at the time of the registering the will.
He is only a scribe and his statement of his absency at the time of registration does not affect the case. Detail chief and cross examination is necessary to advise on this issue.

Manish Singh (Expert) 30 August 2010
the advocate's statement shall be considered only for the matter that the testator was in sound mind. all other witnesses would be examined to see whether the execution was as per the Succession Act or not.

s.subramanian (Expert) 30 August 2010
Ye. I concur.

Chanchal Nag Chowdhury (Expert) 31 August 2010
The advocate's statement is good for the purpose of the contents of the will. The execution part will have to be proved by the witnesses.

Surrender K Singal (Expert) 31 August 2010
Probate is to be on the genuineness of the execution of Will and its registration, which has to be proved by witnesses and thier cross-examination ! Take care !!

R.Ranganathan (Expert) 01 September 2010
In this matter, advocate only acted as a scribe and nothing more than that. So the soundness of the mind of the person at the time of signing the will and its execution before the registrar has to be proved by you with the witnesses.

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