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R (none)     07 July 2012

Hostile witness

Hi ,

 

The witness of my father's registered wil (in my favor)l has suddenly started acting weight and unwilling to testify to his witness. We had to summon him to court to testify. He did agree that he witenessed the will but he had that he did not read what was written in it before signing as witness. He is obviously lying.  Second thing he said was that my father  who was making that will started feeling sick 10 -15 minutes AFTER making the will and went home. Again a lie but he said these things in court. Before going hostile with me he had sent me an affadavit from london affirning that he witnessed the will and that my will is genuine. But in court he kept harping that he did not read before signing.  What impact will this have on my case?



 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 July 2012

The testimony of the attesting witness is of profound importance in proving the will. However if an attesting witness tried to act smart and turn hostile - then the will does not cease to be capable of proof, it can then be proved by testimony of other attesting witness/testimony of scribe etc. If it's a registered will it carries with it the presumption of genuininess. As regards the testimony of attesting witness - the fact that he did not read it is inconsequential an attesting witness has to depose only as to the fact that will was executed signed in his presence. So no problems here, the other part as to mental/physical condition of testator at time of will is somewhat problematic however if handled correctly can be overcome by his earlier affidavit which would discredit his present testimony and indicate to court that he his won over. 

 

Feel free to talk !


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