Advocate scribe appearing for benificiary
anandakumar
(Querist) 20 January 2016
This query is : Resolved
Respected experts, Please clarify my doubt. Can an advocate who prepared an unregistered will also signed as the scribe of the will under the heading 'prepared by' file caveat applications on behalf of the benificiary after the demise of the testator of the will against the other legal heirs of the testator? And he also subsequently deposed evidence on the side of benificiary supporting the benificiary in a suit filed for partition of the will mentioned properties by the other legal heirs . His evidence can be discarded since he filed the vakalath namas in favour of benificiary in the aboveasid caveat petitions anticipating litigations ? Pls carify is the advocate scribe/ benificiary wittness in the suit for partition is an interested wittness? What is the validity of his evidence? He was already an advocate of the benificiary in the caveat petitions. But later gave evidence in the suit supporting execution of the alleged will in the partition suit. Thanks
kavksatyanarayana
(Expert) 25 January 2016
An advocate should not accept a brief or appear in a case in which he himself is a witness.
