Authentication of instrument by notary public on commission

Kunal Sarkar (Querist) 28 May 2013 This query is : Resolved
The fact of the case is that, a Probate case was filed by the elder brother of the deceased for execution of his last will.

The deceased was married having two daughter living separately due to some misunderstanding between them since long.

deceased serving at Railway department having some movable & immovable properties.

As per the will after his death all the properties will be entitle by his brother.

At the time of execution of the will the deceased was admitted on Railway and he died after few hours of its execution and the same was executed before the Notary Public on commission but no endorsement of the doctor of the Hospital on such execution regarding health & mental condition of the testator.

On the other hand the deceased was very much literate person but he put his thumb impression on the alleged will.

In this case the wife and two daughters was made party who contested the case.

I am the engaged Advocate of the wife & daughters of the deceased who claim that, the will was not proper as the same was executed on suspicious circumstances ?

Now my question is that,

1. Whether the Notary Public act on Commission basis? if so under Provision of Notary Act?

2. Whether the Notary can depute his clerk or assistant to do their function on their behalf ?

3. Whether the Notary Public can be summoned to be a witness and produced to submit the relevant entries of this Register in the Court?

4. There is any provision in the Notaries Act that, the Notaries are not called as witness or submit their Register before Court ?

5. Whether if the Notary having power to act on commission basis then in their certificate it is required to mention regarding "act on commission" or like that ?

6. In this case as the execution was made in Hospital so the certificate or endorsement of the doctor is required to enclosed along with the Instrument apart from the certificate of Notary?

7. In this case what law points are required to be taken to prove that, the alleged will was not executed properly and the same was fabricated one ?

Please help.

Kunal Sarkar.

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