Dear esteemed members of the legal fraternity,
Having recently suffered at the hands of our judicial system, wherein a REGISTERED will was set aside by the courts and a probate was also not granted by the probate court even after the attesting witness was present, my question is - does it make sense to file a PIL to amend the section related to the requirement of presenting attesting witnesses even though the will is registered with the registrar?
In my case, the registrar brought along the official records and the witness, being very aged, could not remember precise details related to the day of registration 25 years ago. Using his fuzzy memory, the defendants created suspicious circumstances and a probate was not granted.
My question is, why unnecessarily call the attesting witnesses once the will has been registered according to official procedure?
Your thoughts would be much appreciated.
Thanks in advance!
