Proofing of will

[Ankit Kushwaha]

Sir my grandmother had wrote registered will in the favour of my father in 1985
And my grandmother was died in 2008 so according to will the property is transform to my father in 2008 we received all legal document of the property
But in 2012 my uncle filed a civil case in lower court for the partition and now we have to verify registered will . The will has two attested witness but both of them were died so we are unable to proof so judge declare the will null and we lost then we filed appeal in seasonal court but no change
Then we filed in high court as second appeal but today we have witness to proof the will
Is it possible that case will remarked for proof
Please help sir
And please share mob no

[Dr. Ashok Dhamija]

Please note that registration of a will creates a presumption in its favour. It should be for the person who challenges the registered will to prove that the will is not valid. Moreover, witnesses being alive and not supporting the will is one thing, but witnesses having died is quite a different thing.

Further, I do not understand when you say “…but today we have witness to proof the will…”, since in an earlier part of the question you have said that both the witnesses to the will have died.

Yes, the appellate court has the power to remand a case to the lower court, as laid down in the CPC, in an appropriate case.

What is mentioned above is on the basis of the limited facts mentioned in the question. You are advised to consult / engage some lawyer and show him all the relevant details / documents for a proper and full guidance.

     

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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. List of his YouTube Videos.

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