Dear Learned Advocates
We have filed a civil suit for a claim in share of a property. We have a Registered Will executed in our favour and are claiming our share on the basis of this document. I read that as per law, the Will would be considered as valid evidence provided one of the attesting witnesses appear in court.
In our case, we had tried contacting the attesting witnesses but in the case of the 1st attesting witness, his phone was switched off despite calling him repeatedly (Probably the number was not in use). We had even gone to his address where the residents did not know anything about him or his family. We couldnt find the address of the 2nd attesting witness.
Since we couldnt trace the attesting witnesses nor their family members (we never met the family members or their relatives. The attesting witnesses were only known to the testator, who is no more), how can I prove the Will Deed without the attesting witnesses?
I request anyone for any suggestions othwerwise it would have a detrimental effect on our case as this Will Deed is an imporatant document.
Thanks