Unregistered will
rajeev sharma
(Querist) 16 April 2013
This query is : Resolved
can a witness of the unregistered will challenge it?
Raj Kumar Makkad
(Expert) 16 April 2013
This is purely an academic query? How are you related with this situation?
rajeev sharma
(Querist) 16 April 2013
i inherit the house from my mother by means of a unregistered will. my brother's wife as a witness to it and now she is challenging it?
rajeev sharma
(Querist) 16 April 2013
i inherit the house from my mother by means of a unregistered will. my brother's wife was a witness to it and now she is challenging it?
V R SHROFF
(Expert) 16 April 2013
If witness herself challenge it, You have no remedy.
what abt 2nd witness??
ashutosh mishra
(Expert) 16 April 2013
Your brother's wife have no right of inheritance in your mother's property unless she is widow and claiming through her husband.
Hence she can challenge only under right derived from her husband and in that case she becomes not an independent but an interested witness then it is second witness of the will whose say would be worthy to prove or disprove the Will.
ajay sethi
(Expert) 16 April 2013
there are 2 witnesses to will . what ahppened to second witness
Kuummaar AS
(Expert) 17 April 2013
It should be noted that a witness is a witness to the signature on the document and nothing else, (unless it is mentioned that he/she is a witness to something else involved with the legal matter directly where he/she will sign the document as a witness.)
A witness does not have to know what the document says, what or who it is about, or anything else about the document in order to be a witness to the signing of the document. He or she is a witness to the 'original signature' appearing on the document and could be asked to verify the original signature, as well as his/her own signature, by anyone involved in the legal process.
As such, a witness can challenge the will, if need be. Further, challenging the will has nothing to do with its registration or not.
Devajyoti Barman
(Expert) 17 April 2013
A witness can always dispute his/her own signature at the time of trial.
However if you could prove that the signature of his/her only by by adducing more evidence or by expert report, the dispute would not be taken into account.
R.K Nanda
(Expert) 17 April 2013
yes,he/she can challenge it.
Hemant Agarwal
(Expert) 18 April 2013
CONTRARY to all the aforesaid:
1. The Will of the Deceased can be challenged ONLY by the beneficiaries and the known & unknown legal heirs.
2. The Witness as no locus-standi (what-so-ever) to challenge the will of the Deceased. The Witnesses have no business what-so-ever to contest the contents of the will of the deceased and hence the question of challenging /contesting the will does not arise.
3. The maximum the witness can do is to refuse /refute his "witness-signature" on the will of the deceased, THAT TOO ONLY WHEN THE WILL IS CONTESTED IN A COURT OF LAW.
4. Subject to point no. 3 above, the Witness remains a mute spectator (without any lawful authority).
Keep Smiling .... Hemant Agarwal
rajeev sharma
(Querist) 19 April 2013
but in my case the witness is is my brother's wife and since she is a widow now so can she challenge the will on the basis of my brother's right. my brother has not been given any share in the property as per the will?
Advocate Ravinder
(Expert) 19 April 2013
I agree with the above opinions and especially of sri. devjyoti barman. Normally unlike other deeds, the will is compulsorily attestatable document. Hence, the witnesess will play important role in the will when it is disputed. If any contrary evidence is given by the witnesses at the time of trial it will effect the merits of the case. Hence, the burden will shift on the plaintiff (beneficiaries of the will)to prove that the witness turned hostile and he/she telling false.
