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Sri ( )     15 September 2016

Registered will and one hostile witness

Respected Lawyer, We are inheriting the property from my deceased mother. My father meanwhile sells a part of land to three parties before and after the registration of the will by hook and crook means. Now we are at a situation to prove the will is legal. We are suspecting one of the witness in registered will might turn hostile. The question is : 1)If both witnesses turn hostile, and will the registered will becomes null and void 2) In the hostile witnesses situation, is there any other way of proving the validity of the will. 3) in the event of one witness not being hostile, what is the outcome.


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 4 Replies

Kumar Doab (FIN)     15 September 2016

The registered WILL may not be set aside on the counts of authenticity, since the testator appears before registering authority.

Other objections if any, are not raised so far and posted by you.

Other objections if any, may be  test of law and your able counsel can appraise you.

The father can sell only if he is owner.

Nitish Banka (lawyer)     16 September 2016

A registered will is far more in greater footing, so do not worry if witness turn hostile.

Warm Regards,

Advocate Nitish Banka

9891549997

Sri ( )     16 September 2016

Thank you, Mr.Kumar and Mr. Nitish. As far as to my knowledge, there are no other objections as my father himself admitted that the property belongs to my deceased mom. May dad cliams that will is not valid and he is also a heir after my mom's death. My mom registered the will in my name and brother's name before passing away. We are saying my dad does not have any hold in my mom's property. Judge yet to cross examine my dad.

 

Thanks a lot, again.

Sri.

Kumar Doab (FIN)     17 September 2016

If your father is admitting, then it is good.

Obtain all mutation record and link documents, and get these and WILL examined by  a very able counsel specializing in revenue/property/civil matters.

 

 


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