Will
rohit
(Querist) 08 October 2013
This query is : Resolved
If attesting witnesses and will writer as well as registrar of will,all are dead then how to prove validity of such will? please give me case laws of Supreme court or High court.
R.K Nanda
(Expert) 08 October 2013
search indiankanoon.com
Sarvesh Kumar Sharma Advocate
(Expert) 09 October 2013
Documents says itself! Carbon-12 can justify document's age, take a help of science!
For any ruling pls sarah books!
malipeddi jaggarao
(Expert) 09 October 2013
Agreed with Expert Vashista. Registrar may retire, but Registrar's Office will be in existence.
Rajendra K Goyal
(Expert) 09 October 2013
Consult Registrar Office, for citation search indiankanoon.
P. Venu
(Expert) 09 October 2013
It has been provided, vide Section 69 of the Evidence Act, that if no such attesting witnesses can be found, it must be proved that the attestation of one attesting witness is at least is in his own writing, and that the signature of the person executing the document is in the handwriting of that person.
Raj Kumar Makkad
(Expert) 09 October 2013
Law is nothing but a common sense though this is not so common as is regarded.
Even if both the attesting witnesses have died, even then their signature done in any other document during their life time can be got compared in the will and the office of the registrar registering the will is a major evidence of the authenticity of the will.
Sudhir Kumar, Advocate
(Expert) 09 October 2013
I reiterate the words of Mr Vashisth
"Registrar never dies, findout"
Please think what he means.
You have not heard the prover "kind is dead long live the kind"
only person dies or retires not the chair.
Even if he was alive you cannot expect a registrar who has either retired (if old) and if you who may have risen to very high ranking officer, to keep coming in different courts to testify his attestation.
Otherwise what is the difference between attestation by registrar and by man on street.
Dr J C Vashista
(Expert) 10 October 2013
Very well explained by Mr. Sudhir Kumarji
