scribe of a will document
anandakumar
(Querist) 25 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
ROHIT SHARMA
(Expert) 25 January 2016
1. If such advocate has singed as being the scribe of such unregistered will then he is not considered as witness to the Will.
2. As an advocate he can file a caveat on behalf and under instructions of the beneficiaries mentioned in such Will.
3. But he cannot depose as a witness of the will in favor of the beneficiaries since he has been the scribe and singed the Will as a scribe and not as witness. Let the true witnesses do so. He cannot call himself as an interested third party.
anandakumar
(Querist) 01 February 2016
Thanks rohit sharma sir.i am a close relative of the will beneficiary and other disinherited legal heirs of the will.The testators wife has been completely disinherited in the will .The unregistered alleged will do not contain the revocation clause anywhere but it is titled as will.The attestors are the surities for the bail release of the beneficiary in a criminal case against the beneficiary and subsequent to the death of the testator.....
