Both the witness died after registered will is made


what happens if both the witness die when a registered will is been made ´╝čand after some days executor dies
Here my question when a registered will is challenged in court .How it is treated.


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subregistrar/supdt.(retired)

When a Will registered before the Sub Registrar why do you think in another way?  By fraudulent, did the Will register? If a Will registered legally, then need not worry. 

 
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Practicing Lawyer 9918411669

Registered will has full force of law irrespective status of parties. As such a registered will can be challenged if there is suspicion of element of :

  • Fraud
  • Coercion
  • Undue influence
  • Suspicious nature
  • Lack of testamentary intention
  • Lack of testamentary capacity
  • Lack of knowledge and approval
  • Forgery
  • Revocation etc. among others. 

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Advocate

Even registered  and genuine will  could also be challenged by the other legalheirs. The duty of the beneficiary is to prove all the doubts by evidence

 
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Lawyer

Originally posted by : Nikhil SHETTY
what happens if both the witness die when a registered will is been made ´╝čand after some days executor dies Here my question when a registered will is challenged in court .How it is treated.

Whether the will has been challenged or probated ?

Read provisions of Section 68 and 69 of Indian Evidence Act, 1872

Your query is "how it is treated" is a subjective topic for debate, which can be discussed with your professor / tutor / coach. This platform is to help needy litigants.

 
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Retired employee.

It is a misconception to feel that there is a title deed/document registered, it can not be challenged.  Any such registered deed can be canceled through the process of court on such grounds stated by Shri Trivendra Sharma, by the right person at a right time.

 
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ha21@rediffmail.com Mumbai : 9820174108

1. AGREE with above Experts Advises.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

 
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Advocate

Contest it!


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To the specific question posed, though WILL can be challenged on other grounds, if ot is challenged on the signature of witnesses you can ask the children to give statement in court about the genuineness of the signature. Witnesses need not know the contents of the WILL. They are only authenticating the signature of the TESTATOR

 
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Section 68 and 69 of the Indian Evidence Act
 
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