Will
somi
(Querist) 19 June 2012
This query is : Resolved
Father-in-law singed will for his self acquired house from L.&. d.o. in Delhi, he made will (unregistered) in his son name who is my husband.
One witness has expired and the other one is alive and living in our locality, my mother-in-law approach that person, and now he is not ready to go to court for the confirmation of the will for which he had made witness. The age of that person is about 86 years old and he can also go to god any time. He is fit although.
is there any alternative so that my husband can prove the genuineness of his father will.
My mother-in-law as well as sis-in-laws also want share from that allotted house from govt. for refugees, at the time of partition.
My mother and sister in laws told me that one day they will through me out from that house, i.e. my matrimonial home, previously I was ousted from this house 4 times and whenever there is major accident or illness they call back there son & me and when every thing become fine they throw us out putting some blame by creating unwanted problems. In 26 year of marriage I live there for 8 years only.
Please advice, I don't know what to do?
thanks
ajay sethi
(Expert) 19 June 2012
The main object of attestation is to secure unimpeachable evidence of the execution of the document. The law provides that the attesting witnesses, if available, must be called and that in their absence no other evidence to prove execution shall be accepted. If they are dead or have been, won over by the other side the person claiming under the document is allowed to prove it a best he can. It is sufficient if he can prove execution by any evidence that may be available. It would be laying an impossible burden on him to require that he should be able to produce a witness who could not only prove execution but was also able to swear that both the attesting witnesses were present and that they attested the deed.
Adv.R.P.Chugh
(Expert) 19 June 2012
Dear Querist,
Normal rule is that a will has to be proved by an attesting witness. Attesting witness is, as explained by Sethi Ji, a witness who gives evidence as to execution of will before him. However having said that, a will does not cease to be capable of proof if there is no attesting witness. Evidence Act allows will to be proved by other evidences circumstantial and otherwise, to prove the will in cases where attesting witness is no more or turns hostile (that is what happened in our case).
The Evidences may be :-
1) Previous admission as to existence of will;
2) Strained Relations;
3) Examination of Scribes;
4) Other circumstantial factors.
Feel free to talk !
Shonee Kapoor
(Expert) 19 June 2012
I agree with Ld. brothers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
