Pritam Gupta (Teacher) 20 April 2018

Regarding proving a will

The following questions are about the contested proceedings for Letters of Administration of a Will which has been attested by 5 witnesses.

a) Since hearing has just started is it necessary that the witnesses has to be summonnned at the very beginning or can be called later after the applicants/plaintiffs has submitted their evidences and been cross-examined.

b) Is it required to summon all witnesses or only two will suffice. This is because some witnesses after the death of the testator has developed a rapport with the defendants/objectors.

Reply Follow

1 Replies

Aks 25 May 2018

Steps to get LOA with Will annexed (under Act39 Section 276 Indian Sucession Act)

(1) File a petition. giving details of siblings etc.... .attach ORIGINAL Will with petition and attach Original Death Certificate

2) Court will send summons to the citees to come and testify if they have any objections to the Will.

(3) If no objections, court will like to call ATLEAST ONE of the attesting Witness to verify his/her signature and testator's signature.

4) You have 6 months to submit final account of the Estate to the Court and pay the court fee on the total assets with a maximum of Rs75000 in Mumbai and Rs50000 in Kolkata

(5 If satisfied ,judge will issue LOA with Will annexed and you get the right to administer the entire Estate of the testator.

(6) In contested cases it is better to have more than one attesting Witness to testify...however the legal requirement is satisfied by just one attesting Witness testifying.

NOTE: Go by the judge's order and discuss everything with your advocate. Its best to learn the legal aspects yourself as opponent to the Will can create a lot of problems to delay and try to extort money from the legattee.