Witnesses in will not around

It is tricky situation.  wittness is the main ingredient in WILL.

otherwise WILL is not valid.

Hi Sonia,

Witnesses have to be examined otherwise the weill can not be relied by the court and the court will not value  the  will 

srishaila, advocate,bangalore,9741425514.sdharani120@gmail.com

But tell me the brief facts of the case to mail id , so that i can guide you, on those facts for some improvement

The General principle is that a will (even though registered) has to be proved by calling atleast one attesting witness, however if an attesting witness is not available or cannot recall execution, the will does not cease to be capable of proof - in such cases evidence can be led to prove execution of will by attesting witnesses to be in their writing. To illustrate X has attested the will - as a witness - if X is not there then - it would have to proved that though X is not there himself - X did attest it and this can be done by proving X's signatures - this may be done by getting a fingerprinting expert or expert evidence. 

69. Proof where no attesting witness found. If no such attesting witness can be found.... it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.

If the attesting witness comes and denies execution. Section 71applies 

71. Proof when attesting witness denies the execution. If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

Good Luck !

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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Thanks a lot for your valuable advice!