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Witness in will

(Querist) 26 November 2014 This query is : Resolved 
Dear Sir ,

Need your advice , i am stuck and very tense , Situation is

1) Witness 1 on WILL has mentioned that advocate has sign in presence of me and he has drafted the WILL .
Is there any repercussion that WILL drafting advocate cannot sign as a WITNESS

PLEASE waiting for your advise and reply .

Regards
Devajyoti Barman (Expert) 26 November 2014
Anyone adult with sane mind can become witness. Even the beneficiary is a competent witness.
Guest (Expert) 26 November 2014
Normally the Advocates avoid signing as Witness.
Rajendra K Goyal (Expert) 26 November 2014
If the drafting advocate has signed as witness there is no irregularity.
Shailesh Kr. Shah (Expert) 26 November 2014
question : Is there any repercussion that WILL drafting advocate cannot sign as a WITNESS?


Answer : no, advocate can also signed as witness.
Shailesh Kr. Shah (Expert) 26 November 2014
question : Is there any repercussion that WILL drafting advocate cannot sign as a WITNESS?


Answer : no, advocate can also signed as witness.
Priyanka (Querist) 26 November 2014
Dear All,

Thanks a Lot for your suggestions .

Regards
dr priyanka
ajay sethi (Expert) 26 November 2014
agree with experts
Priyanka (Querist) 26 November 2014
Dear Sir Some more thoughts are coming ,

How can suspicion be cleared that WILL is valid and genuine .

what are the facts/instances one keep in mind while replying in cross examination .

Any documents to be carried along by witness at registrar office.

only 1 son is beneficiary in WILL and rest children got the shop but it is not mentioned in registered WILL

WILL is registered in 1988 and transferred to D-1 in year 2005 after death of his mother .
Shailesh Kr. Shah (Expert) 26 November 2014
file probate in the court.
Priyanka (Querist) 26 November 2014
Dear Sir,

Is probate required is DELHI or NOC is required from legal heirs .

Regards
Dr Priyanka
T. Kalaiselvan, Advocate (Expert) 28 November 2014
The registered Will can be acted upon as it is if nobody objects to such act, especially legal heirs. Under this situation even probate is not necessary. Based on the Will mutation of records also can be applied which will signify that the Will has been acted upon or enforced.


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