Will deed
sts abd
(Querist) 22 August 2013
This query is : Resolved
As after 12 years of just dates .now this case has catch up the speed .
This will deed is registered at notary in 1998 / person expired in 1999/person is government servant /person is hindu with 2 wifes 1 st wife no cildes & second wife has 2 son & 2 daughetrs /will deed has two witness ,one identifier lawer ,doctors certificate (But doctors education is not written clearly )
notary has agreed that this will deed is made in front of him . but register in which it is registered is totatlly eaten by ants in year 2002. he do not have any FIR or report for that .
he do not any have any document proof as his register are not aviable now .
out of two witness - one is unable to move now .so we are appointing court commissioner to take his statement .
1st wife tring to prove that this will deed is duplicate . it is favoring more to 2nd wife & her childerns though 1 st wife is given some land & monthly 500 rs as per will deed.
what desiscion court will take ?
as per hindu law or As per will deed ?
ajay sethi
(Expert) 22 August 2013
the fact that doctor and lawyer are 2 witnesses to will adds weight to the will . if will is proved to be genuine then legatees will get the property bequeathed to them
Rajendra K Goyal
(Expert) 22 August 2013
Decision depends upon the documents, facts, how these are proved, defense, arguments and many other factors. Can not be predicted.
Raj Kumar Makkad
(Expert) 22 August 2013
The will stands proved even though the register of notary is not treaceable. A document older than 10 year otherwise also attains more sanctity.
prabhakar singh
(Expert) 22 August 2013
what decision court will take ?
as per hindu law or As per will deed ?
ALL SHALL COME BEFORE YOU!
NAU KETANA BAR BABU AGAWEN AYYEEE!
THERE IS NO PRESUMPTION OF CORRECTNESS FOR A DOCUMENT WHOSE AGE IS JUST 10 YEARS.FOR PRESUMPTION OF CORRECTNESS TO BE RAISED IN FAVOR OF A DOCUMENT,IT'S AGE SHOULD BE 30 YEARS.
sts abd
(Querist) 22 August 2013
not understanding what you want to say @ 10 years old will deed .
it is good that it is more than 10 years old or bad
sts abd
(Querist) 22 August 2013
Does any simmilar order from court for proving this .actually notary agrred & one witness also agrred .
oppsoition is not aasking us to call .identifier lawer & Doctor .
Only notary & one witness is sufficiant to prove the will or shpuld we call remaining witness & Doctor & identifier lawer
Shonee Kapoor
(Expert) 23 August 2013
10 year or 30 year both be irrelevant as the suit was filed 12 years back, that time the document was not even 3 years old.
As stated before, it would depend upon how the witnesses have testified.
Regards,
Shonee Kapoor
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