Will on a plain paper
Querist :
Anonymous
(Querist) 17 January 2011
This query is : Resolved
Sir, the case relates to a property in south delhi in which a person came up suddenly with a will written on a plain paper that too 20 years back and claiming that the lessee had executed a will in his favour and now he is an absolute onwer. The will is unprobated. But despite our repeated requests made in the court the above said person not yet submitted its original even after the court order to do so since two years. Please clarify the following;
1.Whether above said will be valid in the eyes of law as it is unprobated and 20 years back;
2.The various judgements of apex court are permitted its validity; and
3.What course of actions are required to be taken in view of above said facts.
A V Vishal
(Expert) 17 January 2011
There is no time limit to probate the will, you need to contest the case, however, as per The Evidence Act, S.65. Cases in which secondary evidence relating to documents may be given - Secondary evidence may be given of the existence, condition or contents of a document in the following cases:
(a) When the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in Section 66, such person does not produce it;
(b) When the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
(c) When the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;
(d) When the original is of such a nature as not to be easily movable;
(e) When the original is a public document within the meaning of Section 74;
(f) When the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence;
(g) When the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collections.
In cases (a), (c) and (d), any secondary evidence of the contents of the documents is admissible.
In case (b), the written admission is admissible.
In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.
In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents
Only after perusal of the entire case file you can be guided properly.
Advocate Bhartesh goyal
(Expert) 17 January 2011
It is hardly matter that will is written on plane paper and not on stamp paper and not registered. For a valid and genuine will the signature of testator and two witnesses are only required.
Advocate. Arunagiri
(Expert) 17 January 2011
If they are not producing the original the court will decide adversely.
