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Subramanian.V (NA)     28 August 2017

Will

One of my relative aged 90 years expired leaving a Will in favour of his widowed daughter-in-law assigning her the house owned by him. It was signed by two witnesses also, The property is in Chennai city. One of the witness now says she had signed as witness on the day the owner (the aged person who signed the Will) did sign & she signed later. If this point is brought by her or somebody, will there be any problem in implementing the Will to the daughter-in-law? Is it not a crime for the witness to sign though was not witness to the signature by the Executor?



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 21 Replies

Kumar Doab (FIN)     28 August 2017

What is fact?

Why one witness is becoming non coperative and hostile?

What is version of other witness?

 

.

 

Subramanian.V (NA)     28 August 2017

Reply to Sri Kumar Doab:

1. No specific information available whether she signed on same date or not.

2 & 3.. Only for monetory benefit. She is one of the two daughters of old man. The other witness is the other daughter. She appear to be with her in this attempt.

 

Kumar Doab (FIN)     28 August 2017

If both daughters are beneficiary then why would they behave in such manner?

If they are not then witnesses are to state in favor or to contrary.

 

Subramanian.V (NA)     28 August 2017

Reply to Sri Kumar Doab:Since as per Will the whole property will go only to d-i-l, the sisters-in-law are attempting to have the share.

Kumar Doab (FIN)     28 August 2017

Until or unless the daughters are not witnesses the witnesses can stae the facts.

The WILL is valid till proved invalid.

If contested the WILL lands up in probate court which shall decide the matter.......................inlcuding objections of legal heirs or witnesses....

 

 

Subramanian.V (NA)     28 August 2017

Reply to Sri Kumar Doab: Thanks for your response. Can you please let me know the legal position relating to my 2nd query reading as under:  "Is it not a crime for the witness to sign though was not witness to the signature by the Executor?

 

Deepak Dang   29 August 2017

Witness must be at the time of exection otherwise it is safely presumed that witness can't depose that the will was executed with free will of executor in favor of beneficiaries.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 August 2017

wtiness signature at the time of signing by executor or not ? that  we cannot proof. 

GANDHI MOHAN BHARATI (Pensioner)     29 August 2017

Paramount importance in any will is the sentence " The testator signed in our presence and we signed in his presnce and we all signed in each other's presence"

Knowledge regarding the contents of a will is not needes

Kumar Doab (FIN)     29 August 2017

Isn't the WILL drafted as pointed out by Mr. GANDHI MOHAN BHARATI.

Are said daughters witnesses in the WILL!

 


(Guest)
Originally posted by : Subramanian.V
Reply to Sri Kumar Doab: Thanks for your response. Can you please let me know the legal position relating to my 2nd query reading as under:  "Is it not a crime for the witness to sign though was not witness to the signature by the Executor?

 

 

Quite strange! Everybody seems to have avoided the real query, whether the action of the witness is crime or not.

 

GANDHI MOHAN BHARATI (Pensioner)     30 August 2017

Shri Ramachndra has clealy mentioned "wtiness signature at the time of signing by executor or not ? that  we cannot proof." 

You may not expect arithetically irrefutable proof like 2+2=4 in certain legal matters.

I feel you are trying to pin the witness in a catch 22 situation. If the witness says she digned later it may be a crime so she has to accept she signed at the same time.

My feeling is that you are fishing in troubled waters

 

Kumar Doab (FIN)     30 August 2017

Mr.GANDHI MOHAN BHARATI is right.



 

Kumar Doab (FIN)     30 August 2017

Originally posted by : JIGYASU



Originally posted by : Subramanian.V



Reply to Sri Kumar Doab: Thanks for your response. Can you please let me know the legal position relating to my 2nd query reading as under:  "Is it not a crime for the witness to sign though was not witness to the signature by the Executor?

 





 

Quite strange! Everybody seems to have avoided the real query, whether the action of the witness is crime or not.

 

Fully strange, but not unusual.

It is a routine, daily thing.


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