UNREGISTERED WILL
kanti kumar
(Querist) 26 April 2010
This query is : Resolved
Hi,
my query is that during the pendency of civil suit unregistered will were filled which were on the letterhead of the firm instead of the stamp paper by the defendents so the burden to prove that will relies on which side the plaintiff side or the defendent side and can a unregistered document can be taken without witness .
thank you..
A V Vishal
(Expert) 26 April 2010
........unregistered will were filled which were on the letterhead of the firm instead of the stamp paper
Ans. A will need not be on a stamp paper and further there is no requirement under law to register it.
.............to prove that will relies on which side the plaintiff side or the defendent side
Ans. The defendant in your case has to prove it beyond doubt that the will is genuine.
.........and can a unregistered document can be taken without witness .
Ans. As stated earlier it is immaterial whether a will is registered or unregistered, however, without at least 2 witnesses to the will such document is invalid.
Deekshitulu.V.S.R
(Expert) 26 April 2010
Mr. You have to read Sec. 63 of Indian succession Act along with Sec. 63 of INdian Evidence Act, so also Sec. 67 and 71 & 73 of the later Act.
A will is a compulsorily attestable document. there should be at least two witnesses(Attesting). It has to be proved by examining any one of the said witnesses, even if the other side do not take an objection. The profounder of the Will has to prove the will.
Raj Kumar Makkad
(Expert) 26 April 2010
Onus to prove is upon the person/party reling upon will so it is upon the defendant to establish this document beyond any reasonable doubt and there is no need of its registration but two independent witnesses are must in this case otherwise it shall not be treated as a will.
Daksh
(Expert) 26 April 2010
In view of the case law concerning the Sec. 63 of Indian succession Act along with Sec. 63 of Indian Evidence Act even if the will is not Registered or even has not been properly witnessed there is a element of descretion about the test of its genuineness by the presiding officer who may himself cross check or even take help of the expert in this regard as such even if a "a will is not registered and witnessed propertly can stand test of time.
Best Regards
Daksh
