Milind Phope
(Querist) 03 July 2011
This query is : Resolved
A Original registerd will was kept in the sealed envelop by a testator and given to the Administrator for his custody but if it was found-out that a zerox copy of this will was available at testators residence in open and adminisrator was not aware of this.
Then what is the purpose in keeping the registerd original in sealed envelop which is to be opened in front of the relatives after teastator is expired,???
Later the testator expired at Administrators place all of the sudden and hurriedly ceremenated, in that case, what is the status of original which is to be given for probate.Is it valid or null and void ???
Kiran Kumar
(Expert) 03 July 2011
Original will is still relevant for probate purposes....a photocopy is not a primary evidence, the court will rely upon the original document only.
Kirti Kar Tripathi
(Expert) 03 July 2011
Original will is relevant for all purpose.Photo copy can not be a substitute of original
Y V Vishweshwar Rao
(Expert) 03 July 2011
In every Case original document is the primary Documentary evidence . In the case of Registered Will Deed - Original is to be produced in Court for declaring that the will Deed as Valid ! However in this Case the will Deed is Registered - Certified copy is to be filed in the Court -Loss of Original to be satisfied by the court- Party to satisfy the Court about the loss of Original Regd Will Deed, and to comply all the legal requirements for leading Secondary Evidence.The Execution of Will Deed to be proved as required by Law!
prabhakar singh
(Expert) 03 July 2011
I agree with Expert Kiran Kumar
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