Affidavit of one of the witness of the will
jach000019
(Querist) 27 December 2011
This query is : Resolved
one of the witness of the Will of my uncle has expired another is alive and the Will is not nortarized, not regd., nor probated it is only a typewritten will on the stamp paper with two independent Witnesses
therefore i want to take the confirmation of the one of the witnesses of the will i.e in relation with the genuity of the will, his signaure and confirmation that another witness has expired because tommorrow anything may wrong happened to this witness also therefore that document should be foolproof and valid in the court if any proceeding arise in the future therefore what type i should collect from the alive witness. whether affidavit before the notary is sufficient and is valid in the court or is there is any type of regd. document is there which he has executethat is 100 perecnt vaild in the court in his absence.
Devajyoti Barman
(Expert) 27 December 2011
You better go for Probate of the Will. Once that is done its authenticity becomes established by the court of law until revoked by the court of law which is not so easy job.
prabhakar singh
(Expert) 28 December 2011
you need to get it probated by court if any executor is appointed in the WILL,if not, seek grant of Letter of Administration that is the only ever lasting legal way.
A V Vishal
(Expert) 28 December 2011
Rightly suggested by Mr Barman, further a person who can litigate the validity of a will can even litigate saying the affidavit is not true and forged.
jach000019
(Querist) 28 December 2011
probate is fine that i understand but my question is quite differ i think this document will aso help me for obtaining the probate.
pleasew advice
Deepak Nair
(Expert) 28 December 2011
If you are asking about the affidavit, then i would like to say that you can get an affidavit of the witness notarized as an additional evidence in your support.
Dayananda Gowda
(Expert) 28 December 2011
Every will must be proved. You must get probate.........
