Legal Question in Wills and Trusts in India
Only one attesting witness available in proving a will. Witness has personal vendetta against the petioner for probating the will and is refusing to attend court or file affidavit as witness. He is also provoking relatives into making cases /caveat and trying to extort money.Please show me way out.Thanks.The matter is currently on in Bombay High court
2 Answers from Attorneys
If the Will is not registered, there is going to difficult in probating it. In its absence, the authenticity of the Will has to be determined by the court and in this way statement of witness becomes vital. Take him under confidence or convince the court of his personal grudge against u. Call for more help.
09555462995
14.10.2013
Dear Sir / Madam,
You can plead before the Judge to rely on the testimony of one of the witnesses who has already accepted in the Court that the Testator of the Will has signed the will in his presence. You should inform the Judge that the other witness has gone hostile for reasons best known to him, and that the Court should overlook it, rely on one single witness and issue the Probate.
Regards,
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