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Bina (none)     18 December 2008

Video clips of Witness

Dear law scholars,

When my husband died, his half-brother (same mother but different fathers) conspired to take half share in my property. His mother was in vegetative state at that time and she died within a year. He conspired to file a Suit of Declaration by her name that she also has right in half of property I inherited from my husband and then a WILL on his name.

 

The witnesses of WILL are his own men. It is unlikely that they will speak truth in court. But they often boast publicly that how they took her thumb impression on WILL, without her knowledge.  

1. If a video is made of these witnesses statement, would it serve any purpose to invalidate the WILL?

 

Her thumb impressions look different of Declaration, WILL and on other documents. And it is quiet possible that this shrewd brother-in-law was faking her thumb impression by putting his index finger.

2. Does her mental soundness matter in this declaration case?

3. What is the required legal formality to examine the validity of thumb impressions?

4. Would it be helpful if some of thumb impressions didn’t match to others?

 

 I would like to know your professional opinion about these layman ideas; which I got from queries on forum. Thanks!

 

 



Learning

 6 Replies

Bina (none)     18 December 2008

Attached are the samples of Thumb impression I doubt.


Attached File : 48 thumb impressions.ppt downloaded: 155 times

Sushil Kumar Bhatia (Advocate)     18 December 2008

Video clips are admissable in evidence as  section 65-A and 65-B and Information technology act 2000 sec 92 and genuiness of thumb impression can be compared by court himself or on handwriting expert's opinion/report.

anonymus (confidential)     18 December 2008

yes, the video is admissible in evidence. but the court cannot compare the thumb impressions. only signatures can be compared by the court u/s 73 evidence act. the supreme court has held that the courts must restrain from comparing even the signatures since they are not experts on the field, to leave the work to be done by the concerned experts.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 December 2008

I do agree wit h Mr. Sushil Kumar.

Rakesh (Juris Doctor (J.D.) student)     24 December 2008

Bina Sister,


I am not sure how much it would help just the videos of witnesses. You might need to prove circumstances why are they telling e.g., duress, threat, out of greed, remorse etc. Can’t you have the video of plaintiff?


Anyway I am not expert of Indian legal system. Expert members may guide you more appropriately.

Sachin Bhatia (Advocate)     20 September 2009

Thank u all for bringing some fun....


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