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Nikhil SHETTY   04 May 2021

Both the witness died after registerd will is made?

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



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 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 May 2021

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. 

Trivendra Sharma (Practicing Lawyer 9918411669)     04 May 2021

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. 
1 Like

Sankaranarayanan (Advocate)     05 May 2021

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

Dr J C Vashista (Advocate)     05 May 2021

Originally posted by : Nikhil SHETTY
what happens if both the witness die when a registered will is been made ?and 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.

G.L.N. Prasad (Retired employee.)     05 May 2021

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.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     05 May 2021

1. AGREE with above Experts Advises.

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

Pradipta Nath (Advocate)     05 May 2021

Contest it!

1 Like

GANDHI MOHAN BHARATI   05 May 2021

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

shivam chaudhary   05 May 2021

Section 68 and 69 of the Indian Evidence Act

T. Kalaiselvan, Advocate (Advocate)     05 May 2021

You'll get a probate, even if both the witnesses are dead and no person objects to it. Having 2 witnesses is a statutory requirement and cannot be bypassed. Without 2 witnesses, it would be void.

The registration would be a secondary evidence in case if no witnesses are forthcoming or not living.

Section 68 of the Evidence Act, as interpreted by this Court, contemplates attestation of both attesting witnesses to be proved. But that is not the requirement in Section 69 of the Evidence Act."

Supreme court in its latest judgment:

In the present judgement, the Court while referring to the expression “if no such attesting witness can be found” as used in Section 69 of the Evidence Act has reiterated the interpretation of the word “such” to be a scanario where the witnesses are either deceased or cannot be found.1 Subsequently, a will may be proved in the manner indicated in Section 69 i.e., “by examining witnesses who are able to prove the handwriting of the testator or executant and the burden of proof then may be shifted to others.” In other words, the propounder of the will must prove the signature and handwriting of the testator or executant. In the case of K. Laxmanan v/s. Thekkayil Padmini and Others, the Hon'ble Supreme Court had reiterated that since both the attesting witnesses had not been examined in terms of Section 69 of Evidence Act, it was incumbent upon the propounder of the will to prove that the attestation of at one attesting witness was in his handwriting and that the signature of the persons executing the document was in the handwriting of those persons.

The present judgement has, while considering the various sections of the Evidence Act and the Succession Act, held that the fate of the transferee or a legatee, under a will required to be attested by law, is not placed at the mercy of the attesting witnesses. The law enables proof to be effected despite denial of the execution of the Will by the attesting witness. In cases that fall within the realm of Section 69 of the Evidence Act, the Section 68 requirement of proving attestation by both the witnesses by examining one witness, has been dispensed with. Instead, it simply needs to be proven that the attestation of at least one attesting witness was in his/her handwriting

 

Therefore you may proceed based on the above information.

 


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