Dear Client,

Nothing like that, If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence. Provision in law.

And registered WILL, presumption of it`s genuineness.

Dear Sir,

The following information may kindly be read:

It is possible to change a Will at any time during the lifetime of the testator (the person making a Will), provided that the testator is of sound mind. However, it is not possible to change the witnesses of a Will after the registration process, since the witness is one who has witnessed the signature of the testator on the Will and has affixed his/her signature as a witness to the Will (as a witness to the signature of the testator).

Under section 63 of the Indian Succession Act, 1925, a Will is required to be attested by two or more witnesses in the presence of the testator, each of whom have seen the testator sign or affix his mark to the Will or have received personal acknowledgement from the testator that he himself has signed the Will. Subsequently, at the time of obtaining probate, the attesting witnesses, or one of them is required to depose to this fact. This is because as per section 68 of the Indian Evidence Act, 1872, 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.

Therefore, on a conjoint reading of section 63 of the Indian Succession Act, 1925, and section 68 of the Indian Evidence Act, 1872, at least one of the attesting witnesses will need to depose for the purpose of proving due execution of a Will.

In the event that no such attesting witness is alive or can be found, then as per section 69 of the Indian Evidence Act, 1872, the Will has to be proved by proving the signature of the testator as well as that of at least one attesting witnesses.

Thus, while it is possible to obtain probate of a Will even if the attesting witnesses are dead, it may be a slightly more cumbersome procedure and a longer process.

See even if the witness does not turn up on the next hearing the court can issue them summons if then also they fail the court based on other evidence such as the registration of will can issue probate. The proceedings won't go in Vain. 

The will can be proved by signature of testator and the registered document so you don't have to worry of same.

you need to examine one attesting witness to prove the will 

2) if none of the attesting witnesses appear in court to give evidence your probate petition would be dismissed 

You have to examine one of the attesting witnesses to prove the will failing which probate petition would be dismissed 

1. Apply for grant of Probate in the court. 

2. If the other legal heirs do not oppose the probate proceeding then get the Will proved by beneficiary or executor of the Will who can testify that they know the signature of the testator and the attesting witness.

2. This is permissible if the attesting witness have died or are not willing to depose .

3. The signature of a person can be proved by any person who know the signature of the testator and the attesting witness. 

You need to file an application for issue of summons to the witnesses to remain present in court to give their say on the signatures appearing on the Will which they put as witnesses and why are they refusing to give the witness affidavit

This is known as witness summons

You will still get the probate. Nothing to worry.

As per law the petition shall be verified by at least one of the witnesses to the will when procurable.

Kindly note the word 'when procurable. It removes the requirements of verification by witness in cases when it is not practically possible  or may cause much difficulties in getting it or it totally  impossible for example in case of death etc. 

File a petition for probate in the district court of jurisdiction of the property or in the high court. 

Probate of will is not necessary. Especially in view of the fact that the Will is registered and the other heirs have no objection regarding the Will. 
Probate of Will is only a stamp of authentication by the court that the Will is genuine and is not being challenged.

In the event that no such attesting witness is alive or can be found, then as per section 69 of the Indian Evidence Act, 1872, the Will has to be proved by proving the signature of the testator as well as that of at least one attesting witnesses. 

A will has to be proved through the testimony of 2 attesting witnesses. So if the two surviving witnesses do not come to testify in the court then you have to prove their signature by examining as witnesses two persons who can identify their signature. They could be the ex clerks of the lawyer. 

1. It is improper to have the Advocate as the witness.

2. May be that the said Advocate wants to extrract some money from you for standing as the witness and his Cerk.

2. The fact that the will was registered will give you much relief about its authenticity.

3. It appears that you have filed an ap-plication for grant of probate of the said will

4. Inform the Court that the witness is the Advocate who has refused to submit witness alongwith his cleark for obvious reason since you have no other option.

5. Probate of will is not completely dependent on the witness. Witness is one of the factors only to prove the authenticity of the will  for granting probate.

This is a registered Will, hence the registrar also can be testified if the attesting witnesses do not want to depose evidence.

as per section 68 of the Indian Evidence Act, 1872, 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.

In the event that no such attesting witness is alive or can be found, then as per section 69 of the Indian Evidence Act, 1872, the Will has to be proved by proving the signature of the testator as well as that of at least one attesting witnesses.

Proof when attesting witness denies the execution.-If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

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.