Mousumi Sen (Owner) 14 June 2014
A Will is being contemplated to be submitted for letters of Administration wherein both the witnesses are dead. However, one of the witnesses was a top government official while he was alive. Then is it possible for an ordinary individual to ask from the government a sample of such a person's signature from the government records/files? How to proceed in such a case?
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 14 June 2014
If a person dies without leaving a will, the court can make a similar grant of probate, known as letters of administration. For instance, a de facto spouse can apply for letters of administration.
As there is no executor, the next-of-kin takes on the role of dealing with the deceased’s estate. This cannot be done until a grant of letters of administration is made.
Letters of administration are essentially the same as a grant of probate. The letters show that the court has examined the relevant documents and is satisfied that the person named in the letters has the authority to administer the estate.
Amit Gupta (Advocate) 14 June 2014
Mousumi Sen (Owner) 16 June 2014
Thank you to all repliers. Noted your opinion Advt. Gupta. However please note that Will is close to 80 years old and generations has passed. Also Will is unregistered. So getting someone who has witnessed such a signing is a challenging proposition.
Therefore my averments were based on Section 69 of The Indian Evidence Act wherein it is said:
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the hand writing of that person.
As such this above section points to one signature of a deceased witness and the signature of the testator to be verified. Therefore my query whether the signature of the witness who was a government official can be extracted from government files and the procedure to do the same.
I am also considering the applicability of Section 90 of the aforesaid Act in my case.
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