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komatti vardhaan   06 June 2023

How to cancel unregistered will deed through witness help ???

MY FATHER GAVE ME HIS PROPERTY THROUGH REGISTERED WILL DEED , AFTER THE DEATH MY FATHER BROTHER   CREATED A FAKE UNREGISTERED WILL DEED SOLD PROPERTY TO OTHERS NOW CASE IS UNDER COURT ( CROSS EXAMINATION STAGE  )   

ONE OF THE WITNESS OF WILLDEED IS SAYING THAT HE PUT SIGNATURE ON WILL DEED 1 YEAR AFTER FATHER DIED , MY BROTHER GO TO HIM AFTER DEATH OF FATHER TO HIM ASK HIM TO PUT WITNESS SIGN ON WILL DEED ,

MY BROTHER SAID TO WITNESS THAT HE IS WRITING WILL DEED FOR HIS CHILD SO WITNESS SIGNED IT EVETHOUGH THEIR IS NO TESTATOR SIGNATURE ON RIGHT SIDE ON TIME OF WITNESS SIGNING 

AFTER KNOWING WHAT MY BROTHER IS DONE ,  WITNESS BECOME ANGRY , ASK US THAT MY BROTHER CHEATED HIM , SO HE SAYING HE WANT HELP IN PROPERTY CASE.

1 . WHAT IS THE FAST WAY TO CLOSE CASE THROUGH WITNESS ?????

2. WILL DEED  NEED MINIMUM TWO WITNESS WHAT HAPPEN WHEN ONE IS DISAGREEING AND OTHER IS AGREE  

WILL STILL VALID OR IT IS INVALID ??????

 

 



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 8 Replies

Dr. J C Vashista (Advocate )     07 June 2023

Such a Will is invalid and illegal document.

Consult a local prudent lawyer with relevant document for proper analyses and professional advise / required proceeding..

komatti vardhaan   07 June 2023

How to prove it invalid ???

Shashi Dhara   07 June 2023

It is advocates duty to prove it as invalid will you don't worry .

Dr. J C Vashista (Advocate )     08 June 2023

How you are concerned with the subject will i.e, what is your locus standi ?

komatti vardhaan   08 June 2023

I was cheated by brother through fake will deed , in court I ask court to cancel the registration of my brother and cousin only through os petition 

Dr. J C Vashista (Advocate )     09 June 2023

It is the duty of beneficiary to prove subject will in terms of Section 68 of Indian Evidence Act, 1872 which reads as:

Section 68 in The Indian Evidence Act, 1872

68. Proof of execution of document required by law to be attested.—

If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:

Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.

RAUL   09 June 2023

General proposition of law has been mentioned Under Section 68 Of Indian Evidence Act, 1872 which deals with ,”How a document which is required by law to be attested should be proved”

But regarding a Will, in order to prove it, requirements of Section 63 of Indian Succession Act, 1925 should be complied with, i.e. :

  1. Establishment of the testamentary capacity of the testator.
  2. Execution of will by testator
  3. Signed by the testator with free will (consent).
  4. At the time of signing it testator was of sound mind.
  5. At that time he understood nature and effect of disposition.
  6. Signing of Will was done inn presence of two witness or was personally acknowledged.
  7. Examination of at least one witness in the court for proving its due execution.

The onus of proving will is on propounder { Savithri Vs. K. Amma}

Therefore, If the Will is invalid then as per above norms, Propounder won’t be able to prove it.

Sudhir Kumar, Advocate (Advocate)     10 June 2023

last will shall be valid even if unregistered.


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