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Gourang M Haldipur   30 October 2016

Alternate evidence

2 sons and 2 daughters of a leading advocate (since deceased) filed a suit for partition against their mother(defendant-1) and 2 other sisters(defendants 2 & 3), both being spinsters. It was urged that defendant-2 sister is of unsound mind. In fact, she was of unsound mind, as the advocate and his family are well known to me. The defendant-1 mother and the youngest sister defendant-3 denied the same. Thereafter plaintiffs moved an application to get the defendant-3 unsound sister examined by a Government doctor which was allowed. Before she could be examined, the unsound sister died. After her death,her younger sister-defendant-3 produced a registered will before the court executed by sister of unsound mind bequeathing her undivided share to her. The plaintiffs do not have any medical evidence to prove that the defendant-2 sister was of unsound mind as she died before she could be examined. What are the other ways available to prove that the defendant-2 sister was of unsound mind. If anybody in the family deposes, will it be sufficient.? Kindly suggest other methods by which plaintiffs could prove that defendant-2 sister was of unsound mind.



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 4 Replies

Ms.Usha Kapoor (CEO)     30 October 2016

Yopu apply for probate and also enquire with their familyy doctor.Also bring out he re[orrt o fGovt doctor regarding 2nd sister'sunspound mind. People with unsound mind or at times unsound and at times sound. She may have written will duiringher lucid intervals or during  the time when she was under sound disposition of mind.Let some of the close family members includign witnesses depose before probate court that at  what state of mind she executed the will?1)Her  family members should should state before the court that she is of sound mind or unsound mind.

2) Winesses while  sister no 2 executing the will had seen while sister no.2 ws executing the will and afiix their signatures om the will should depose before the courtt  that at the time of execution 2ns sister was of sound mind.

3) If she has firiends etc they should depose before the cout that she is of sound mind.

Her academic qualificaions and Jobs ny done by hr would prove that sheis of sound mind.

Let the probate court thoroughly examineall these  circumstances nd declare th ewill as valid o rinvalid. probing its genuineness.If you appreciate this answer please click the thank you  button on this forum.

I doubt from whatis statedabove  thatthe "Will" is genuine.

1 Like

P. Venu (Advocate)     30 October 2016

The fact of the deceased sister being of unsound mind could be proved through oral evidence. The plaintiffs, being the siblings,  themselves are competent witnesses.

 

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(Guest)
Kissa will ka. Witness holds very important role here. 1. For soundness of mind. 2. Unsoundness of mind. 3. Doctor certificate/treatment reports. 4. Hospital staff witness. 5. CCTV recording. 6. Authenticity of will/signature/witness signatures. Best judge is conscience. You need powerful lawyer to make em spit out truth.
1 Like

A walk alone (-)     31 October 2016

Please click thank you button for Ms Usha kapoor
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