Legal Question in Wills and Trusts in India
Two witnesses are essential in a non registered will. What will be the case, if after the death of will maker, when will comes in court (a) witnesses are not ready for coming to court and (b) witnesses tell in court that they have not signed the will as witnesses? Pleases explain the result in both cases (and this is real fact that every witness can be bought or afraided.)
1 Answer from Attorneys
25.09.2013
Dear Sir / Madam,
First and foremost, let me clear all doubts, apprehensions or fear that a witness may have in case of a Will. Whenever a witness is summoned by the Court to substantiate a Will, all that the witness is asked to do is to state in the Court whether he / she has signed the Will as a witness to it. That's all.
(a) The Court can charge the witnesses for violation of Court order and;
(b) If the witness denies that he / she has signed the Will, the Court may initiate action to get the witness' statement validated by an independent handwriting expert.
Regards,
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