LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dr_Stan (abc)     23 March 2016

Registered will challenged - are witnesses required?

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



Learning

 3 Replies

Adv. Yogen Kakade (+ 91 9225510883)     24 March 2016

Judgements are not provided here.. but you can directly apply and mention before the court about the necessity of appearance of the witnesses in this case.

Dr_Stan (abc)     06 November 2019

Dear All Hope this finds you well. In continuation to my previous query from 3 years ago, we now have an ongoing RSA in the High Court (since our counsel did not summon witnesses to the registered will during civil suit and we could not prove the genuineness of the will). In the ongoing RSA in the High Court, we have a temporary stay granted and the court has directed to maintain status quo of possession and title. Meanwhile my brothers have filed a suit for partition U/S12 Rule 7 in the lower court. My question to the esteemed legal fraternity is that, 1. Can a suit for partition be filed when a RSA is ongoing in the Hon'ble High Court with temporary stay granted? 2. Does filing such a suit for partition by my estranged brothers violate the existing stay, thus causing contempt of the hon'ble High Court? I look forward to your views on this. Warm Regards.

Dr_Stan (abc)     07 November 2019

Originally posted by : Dr_Stan
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

Dear All

Hope this finds you well.

In continuation to my previous query from 3 years ago, we now have an ongoing RSA in the High Court (since our counsel did not summon witnesses to the registered will during civil suit and we could not prove the genuineness of the will).

In the ongoing RSA in the High Court, we have a temporary injunction granted and the court has directed to maintain status quo of possession and title. Meanwhile, my brothers have filed a suit for partition U/S 12 Rule 7 in the lower court.
My question to the esteemed legal fraternity is that,

1. Can a suit for partition be filed when a RSA is ongoing in the Hon'ble High Court with temporary stay granted?

2. Does filing such a suit for partition by my estranged brothers violate the existing stay, thus causing contempt of the hon'ble High Court?

I look forward to your views on this.

Warm Regards.


 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query