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MS Karunakar   25 June 2023

Advocate from the opposite party is influencing the attesting witness

Hi

Last week we produced an attesting witness to prove the registered will.

The advocate from the opposite party requested the judge for an adjournment citing he was unprepared to cross-examine the attesting witness.

The attesting witness seems to be familiar with the advocate. 

 

Later the advocate of the opposite party asked the attesting witness to meet him at his house to which he obliged.

The next hearing is scheduled for this week.

What to do if the witness betrays me and speaks against us?

Kindly suggest me.

Thanks in advance 

🙏🙏🙏



Learning

 6 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     25 June 2023

Make sure while deposing the witness proves/ identifies signature of testator in the will in his/her presence.

MS Karunakar   25 June 2023

Thank you very much for your valuable suggestion sir

But kindly let me know if he betrays or says he can't remember, what to do.

🙏🙏🙏

T. Kalaiselvan, Advocate (Advocate)     26 June 2023

The matter is posted for cross examination hence it can be undrstood that the witness has already deposed the chief examination.

If he is just an attesting witness alone, then he need not travel beyond the attestation part, the witness need not have to  know the contents of the document to which he has signed as an attesting witness.

Therefore no impoprtance will be attached to his contradictions to the questions raised during cross examination, beyond his attestation as witness.

 

MS Karunakar   26 June 2023

Thank you very much for your valuable information sir

🙏🙏🙏

Real Soul.... (LEGAL)     26 June 2023

You can bring in notice to court that the witness has compromised. If he refused to accept the witness signatures and they are genuinely his signatures then you can request for forensic analysis of his signature.

MS Karunakar   27 June 2023

Thank you very much for your kind information sir

🙏🙏🙏


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