Roll of witness in the registered will
Querist :
Anonymous
(Querist) 31 August 2011
This query is : Resolved
Dear Experts, While executing a registered Will, two witness sign the Will. After the death of testator if one or both the witness says that they have not signed the will. Then what will be the consequences.Whether the "WILL" will be treated as null and void?
Devajyoti Barman
(Expert) 31 August 2011
Yes, execution of the Will would not be proved.
prabhakar singh
(Expert) 31 August 2011
yes ! will shall not be supposed to have been executed if attesting witnesses deny their sign,no attestation,no will is the law.
prabhakar singh
(Expert) 31 August 2011
yes ! will shall not be supposed to have been executed if attesting witnesses deny their sign,no attestation,no will is the law.
ajay sethi
(Expert) 31 August 2011
i agree with experts views of Mr barman and Mr prbhakar singh
Querist :
Anonymous
(Querist) 31 August 2011
Dear Experts, thanks for reply. But this is a registered WILL and the registering officer has also signed the Will, his role also should be accounted for. Is not it? If not, Then what is the advantage of registering the WILL?
R.Ramachandran
(Expert) 31 August 2011
There are decisions to the following effect:
"In order to establish the validity of a will, it has no doubt to be proved that it was attested by at least two witnesses, but it must, at the same time also be observed that it is not the intention of the law that an attesting witness be permitted to hold the propounder of a will to ransom, as it were by treating his mere denial of attestation of the will, by itself, as negation of due execution of the will."
In the instant case also it was a Registered Will. Therefore, the Court has to consider that fact also. Mere denial by the attesting witness in itself will not render the WILL ineffective.
prabhakar singh
(Expert) 31 August 2011
i am sorry !i over looked the aspect of registration.
Kiran Kumar
(Expert) 31 August 2011
I agree with the opinion expressed by Mr. Ramchandran.
otherwise also yours is a case of Registered Will, the denial by attesting/ marginal witnesses will not make the will ineffective.
Raj Kumar Makkad
(Expert) 31 August 2011
If attesting witnesses deny their signature then onus shifts to the plaintiff to prove their signature by way of expert and the identifier of the signature of witnesses is also an important witness so in nutshell those signatures may be got verified apart from registration aspect so will can very well be proved without any doubt,
Devajyoti Barman
(Expert) 31 August 2011
I think my esteemed colleagues are overlooking the mandatory provision of Section 68 of the Indian Evidence Act.
The registration of Will would in no way help the proof of execution of Will if any of the attesting witnesses does not testify in its favour.
It is noteworthy to ponder that when the attestation is mandatory, the attesting witness or the signature of the attesting witnesses need to be proved.
R.Ramachandran
(Expert) 31 August 2011
What will happen in case of a Registered Will, if both the attesting witnesses happen to die prior to the testator? Whether the Registered Will would not be given effect to just because the attesting witnesses are not there to testify?
What I have stated in my reply is based on the judicial pronouncements. If without the testimony of the attesting Witness a Registered Will cannot be given effect to, how the Court would have pronounced the decision as quoted by me?
Raj Kumar Makkad
(Expert) 01 September 2011
I completely agree with the last views of Ramachandran.
Querist :
Anonymous
(Querist) 01 September 2011
Thanks to all experts for devoting their valuable time.
