Notorized will
PD
(Querist) 10 April 2013
This query is : Resolved
Dear Sir,
If a will of a person is made by fradulent
mean and is signed by two witness , but both witness are ready to turn hostile , tell the remedies available.
adv. rajeev ( rajoo )
(Expert) 10 April 2013
To set aside the will you will have to file a suit for declration.
Devajyoti Barman
(Expert) 10 April 2013
If the attesting witness turn hostile the Will can not be proved to be genuine.
Raj Kumar Makkad
(Expert) 10 April 2013
Such will can be got set aside in the given case but the facts posted by you are insufficient to clearly advise to you.
Vidhi Joshi
(Expert) 10 April 2013
Will invalid ab-initio
B K Raghavendra Rao
(Expert) 11 April 2013
If the two witnesses had really signed and now want to turn hostile, then they are committing an offence. If they have not signed and someone else has forged their signature nothing can be done.
It is not known whether the executor of the will is alive or dead. If he is alive, he may well make another will. If he is dead, the will becomes useless if the witnesses are not established.