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MS Karunakar   26 March 2023

Witness unwilling to attend court to prove will

My father received some land after partition. 

I heard that when ancestral property is partirioned it becomes self acquired property. 

But the problem is while selling he mentioned it as ancestral property. 

The property was sold to A to B to C to D. 

From D my father bought it again and made a registered will upon my name. 

My step brother is claiming a share in the property and filed a suit in court

The witnesses in the will are unwilling to attend the court. 

Kindly answer. 

Thanks in advance. 



 14 Replies

Mahesh kumar Orchu (student)     26 March 2023


you said The property was sold to A to B to C to D. 

while the Right of Ownership tranfers from A to B, B to C, C to D, it 
was also recorded in 1.Pahani records , 2.ROR , 3. name of owner in Posessions columns in revenue records.
submit this records as a Evidance in court for conveying the messege  That you have right of Ownership through saledeed.

Adv. Mohit Chahal (Advocate)     26 March 2023

Dear Querist

The nature of ancestral property depends on various factors.

The property received by your father at the time of family partition is in the nature of ancestral property to all his children including you.

Will can only be executed for self acquired property.

Feel free to contact for further clarifications.

Mohit Chahal
District & Sessions Court, Hisar
Phone No. 9968911099


Advocate Bhartesh goyal (advocate)     26 March 2023

You may call witness through court summon.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 March 2023

Wills can be made for unencumbered inherited property also. The will had been regstered. Was the will first executed outside complete with witness signatures and then registered or the will was executed in the registrar's offiice in front of the registrar?

MS Karunakar   26 March 2023

Tq very much sir


Dr J C Vashista (Advocate)     27 March 2023

The property is stated to have been purchased by the Testator of will i.e., your father, which is his self-acquired property.

it is mandatory to prove proper execution of will through witness(es) of the will.

N.K.Assumi (Advocate)     27 March 2023

It appears that the court is sleeping over the recalcitrant attitude of the witness. Follow the suggestions of Advocate Bhartesh Goyal.

MS Karunakar   27 March 2023

Tq very much for your valuable suggestions sirs


Shashi Dhara   27 March 2023

Testator is alive or dead ,if he is dead you can  submit all transactions made and  adduce evidence .

MS Karunakar   28 March 2023


What will happen if the witness testifies against the will in court. 

The opposite party is luring and influencing the witness of will. 

Kindly give your valuable suggestions. 

Thanks in advance. 



Shashi Dhara   28 March 2023

Their will be two witness ,both are unwilling to lead evidence.

MS Karunakar   28 March 2023

One witness has expired. 

The other one is being lured and influenced by opposite party

Shashi Dhara   28 March 2023

Contact dead witness legal heirs whether they come to court  and lead evidence and identify the sign of dead witness when you have no confidence of witness.

MS Karunakar   28 March 2023

Contacted legal heirs of the dead witness but they are not willing to attend court. 

Some close relatives of dead witness are willing to attend court. 

Kindly guide me. 

Thanks for your valuable suggestions in advance



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