Probate of a registered will in civil court how it will be proved .

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month, 4 weeks ago.

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  • #4479

    Sir, A will was carried out in 1994 Sub-registrar Janakpuri. Marginal witness was scriber or writer of the will and other witness is expired than how will be proved its validity in court, What was the duty of Sub-registrar to verify the identity of the attesting witness during registration of will. How it will be probate in court.

  • #4512

    While it is not possible to accurately answer your question on the facts of your case without examining the relevant documents, generally speaking, the provisions of Section 68 of the Evidence Act may be relevant since “will” is a document which is required by law to be attested [see Section 63 of the Succession Act, 1925]:

    68. Proof of execution of document required by law to be attested.—If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence:

    Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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