Legal Question in Wills and Trusts in India

How to Prove a Registered Will when both the Witnesses are either dead or cannot be located?

My Mother signed a Registered Will in the year 1975 which was registered with Sub Registrar in Chandigarh and which was signed by my Uncle and our Neighbor as Witnesses. In addition a Lawyer (who had drafted the Will signed as the Introductionary Witness before the Sub Registrar. My Mother died in the year Jan 2000. My Sister has filed a legal case in Oct 2000 disputing the Will. Of the two witnesses, our Neighbour (who was a witness) went abroad in the year 1980 or so and cannot be located. The Second Witness i.e. my Uncle died in the year 2005. The case is still live before the Civil Judge in Chandigarh and has only now come to the Stage where the Will is to be proved. But both Witnesses are not available.

How can I prove the Will? Can it be done by getting my Uncle's Son to attest to his Father's signatures? Or can it be done by getting the Son of the Lawyer who also witnessed the Will?

Please help.

Thanks.

Manjeet Sodhi

[email protected]

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