Help?--can a clerk of tehsil while on duty can attest a will
Rajat sahotra
(Querist) 07 September 2011
This query is : Resolved
Can a clerk of Tehsil while on duty can attest a will and most importantly while he is handling the work of Document registration at tehsil office as a clerk.
Please help experts
Guest
(Expert) 07 September 2011
A clerk, may or may not be on duty, does not enjoy the power to attest any document. In a tehsil, only Tehsildar can attest the documents.
R.Ramachandran
(Expert) 07 September 2011
I don't think there is any legal bar. His being a document registration clerk will have no bearing.
R.Ramachandran
(Expert) 07 September 2011
I thought he was attesting as a Witness. Not attesting the document. If my understanding is wrong, then my above answer is also wrong.
I go by the views of Mr. Dhingra.
prabhakar singh
(Expert) 07 September 2011
I am sorry that despite having given a correct answer Mr. Ramachandran is taking it back.
The query is about a 'will'where the questioner is desirous to know that is it law full for a tehsil clerk to attest the signature of a testator while he is on duty.
the answer is if testator is known to him he can,nothing bars him doing so,and attestation as witness shall not be affected even if any rule of service is attracted to have been contravened for which disciplinary proceeding may or may not be taken.
Guest
(Expert) 07 September 2011
I think the terms attestation and witnessing is being confused due to deficient question of the querist. Even for witnessing purposes, the clerk of the Registrar Office is not authorised to put his signature even as a witness. Witnesses should be quite independent, as the will, being a very important document, can easily be challenged to be vitiated at the time of execution/ implementation.
prabhakar singh
(Expert) 07 September 2011
There is no confusion as being misconceived.
No illegality has taken place what would be the weight of evidence is quite an other matter.
prabhakar singh
(Expert) 07 September 2011
One may get clear with following to clear what an attesting witness is??/attesting witness and attestation of a document after comparing it with original are two different acts in law.
So also is there difference between a witness
called attesting and a witness call marginal.
A marginal witness of document, unlike the attesting witness, is not required to depose on oath that executor signed before him and he signed before executor,it is sufficient for him to depose that he has seen executor writing and signing and can recognize his signature and the signature on document before him is executor's signature.
section 63of Indian succession Act speaks of attesting witnesses as follows:........
" (c) The will shall be attested by two or more witnesses,
each of whom has seen the testator sign or affix his
mark to the will or has seen some other person sign the
will, in the presence and by the direction of the
testator, or has received from the testator a personal
acknowledgment of his signature or mark, or of the
signature of such other person; and each of the
witnesses shall sign the will in the presence of the
testator, but it shall not be necessary that more than
one witness be present at the same time, and no
particular form of attestation shall be necessary. "
Raj Kumar Makkad
(Expert) 07 September 2011
"Hari Anant-Hari Katha Ananata".
You both sides provide here latest case law of supreme court in support of your arguements and we shall decide 'your's' case.
shrikant
(Expert) 07 September 2011
Rightly said Makkad sir
kuldeep kumar
(Expert) 09 September 2011
go with mr prabhakar singh..
