R (none) 17 May 2012

Witness of registered will refusing to testify

Hi Everyone,

My Father made a registered will with 2 witnesses present , transferring his house to me after his death. He died 4 years after making the will. I live in this house precently and it is the only property we have. Now my sister who is married, had filed a lawsuit against claiming a share in the house.

One of the witness is dead and the other witness to the will has sided with my sister (due to pressure of bribe I don't know) and is refusing to testify in court. I am feeling very dejected and disheartened by this. What should I do. Is there any hope left in this case for me?

Your replies will be highly appreciated!

Thank you

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 May 2012

Dear Mr.Singh,

Though normally a will is to be proved by getting one of the attesting witnesses to depose in front of the court. Now what we have is a dead and a hostile attesting witnesses. Law understands that may happen some time and you would be given a chance to prove will by means other than attesting witnesses. Try getting the scribe of the will/Get the handwriting matched/Lawyer who drafted. If your sister tries to lead the 2nd attesting witness in her evidence - cross examine him fiercely. You are not without hope.

Feel free to talk !

Narendra Malik (advocate) 17 May 2012

Since will in your fevour is registered one, you must find out admitted signetures of both witnesses and produce in the court.

sasi (document writer) 28 May 2012

Is this Will typed / manuscribed or DTP printed ?

Apply for documents (Motor RC ,Driving Licence,Deed,Passport details,PAN etc...)in which the alive witness's signature included such official records by Right to Information Act,2005.

Collect the above in a maximum number.

ALL THE BEST SURAJ SINGH...