Dear All
I have a quick question regarding the necessity of examining witnesses in a civil case that challenges a registered will.
1990's - My father bequeathed a house to my in his registered will which was signed by two witnesses in the presence of a subregistrar.
2014 - My father unfortunately passed away and I started the proceedings for transfer of the abovementioned property. My brothers filed a civil suit to challenge the registered will.
2016 - During defense evidence, I requested for the sub-registrar's office to confirm the authenticity of the will and they did so. Based on this, my lawyer did not want to call either of the two witnesses who signed during registration of the will.
Now, the question - Is it extremely important to call those two witnesses who signed the will for a defense evidence, even though the will is registered and the subregistrar came for the defense evidence?
Is there any case or judgement that I can cite to have the requirement of those 2 signing witnesses waived off?
Thanks