• Probate case - evidence stage

My father died with an unregistered will only in my favour with two witness in 2006. I have filed probate case in district judge court in 25 may 2015. I have deposited court fee of rs. 30000 . All heirs that is my brother ,mother two sisters and local public of my area have been given notice and all have recieved notice through regd. A/D and Nazarat. My mother and brother have given NOC and along with efidevit in my favour that they dont want to contest to will and will is genuine and signed in their presence
My two sisters have appeared through their lawyer and false signature in their vakalatnama because they live abroad and Madya praddsh.
My lawyer says nothing can be done about false signature.Now the present situation is that my sisters lawyer gave attendance from 5 months and didnt filed written statement there for they have been debarred from filing showcause.
Now evidence stage has come .First day of evidence sisters lawyer said he was not prepared. Judge gave another date.Next date sisters lawyer asked 25 question from 1st witness (my wife).
2nd date my wife who was the 1st witness was cross  examined for 2 hours.
Now beneficiary myself has to be cross examined on 29th of March ie. Tomorrow.
Opposite lawyer is taking 2 days to examine a single person for evidence.
1. Should my lawyer object to the judge?
2. After this cross examination what will be the next step?
3. Should my both sister be cross examined by my lawyer also?
4. If they do not come for evidence what will be the result.as they stay abroad.?
5 After this evidence stage how much time it will take to complete the probation process?
Kindly help in this regard.
Asked 8 months ago in Civil Law from Jamshedpur, Jharkhand
1. It is normal course . He may even take more time and you cna object.
2. After this the defendant will give his evidnece and your lawyer will have to cross examine them.
3. Yes
4. If they do not attend to face cross examination then their evidnece will not be considered which will benefit your case only.
5. few months.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. You can object to anything but it is for the court to decide the legitimacy of objection. The lawyer has the right to take adjournment in order to prepare for cross examination.

2. The case will be fixed for determination through arguments after cross.

3. All the witnesses can be cross examined by the opposite lawyer.

4. They can apply for deposition through video conferencing if they are out of India.

Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1) lawyer cannot object regarding cross examination 

2) your sisters can decide whether they want to lead evidence .

3) if they lead evidence they would be subject to cross examination 

4) if defendants done lead any evidence case would be kept for arguments 

5) then judgment .if court is convinced then  you would get probate of the will 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1) there is no problem if wife and tenant are the witnesses 

2) under section 276(1) (d) the amount of assets that are to come to petitioner hands have to be disclosed 

3) under section 276(2) (a) it has to be mentioned that the testator was residing within jurisdiction of court at time of his death or had property situated within the jurisdiction of the court 

4) it has to be proved  by you that father was mentally fit at time of execution of will .you have to depose in your evidence that father was mentally fit. examine any of his friends or family doctor in this regard 

5) you can examine hand writing expert regarding the signature on testator will is that of the testator 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. No.
2. No. The evidence of any witness should be such as can inspire confidence of court in his deposition. It is immaterial if he is tenant or wife.
3. They have to explain their objection in the court. Your lawyer can throw light on this.
4. You should prove that he was of sound mind at the time of making the will.
5. They have to adduce evidence in this regard.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. Should my lawyer object to the judge?

If there is an inordinate delay or the opposite is intentionally taking more time for cross examination with irrelevant questions, your lawyer may express his objections to the opposite lawyer's behavior in the court and may seek its intervention.  



2. After this cross examination what will be the next step?

The next prosecution witness to be examined in chief and cross examined by opposite lawyer. After examination of all witnesses from prosecution side, the prosecution counsel shall close his side evidence and the court may post the case for defence witness. 


3. Should my both sister be cross examined by my lawyer also?

If both the sisters are ready to depose their evidence before court, they will be subsequently cross examined.




4. If they do not come for evidence what will be the result.as they stay abroad.?

The opposite lawyer may close their side evidence if they do not want to come to the court for evidence. 



5 After this evidence stage how much time it will take to complete the probation process?

After completion of both side evidence, the court may post the matter for arguments and once arguments of both the sides have been heard by the court, it may pass the judgment  
T Kalaiselvan
Advocate, Vellore
13984 Answers
127 Consultations
5.0 on 5.0
1 If wife is one of the witnesses .Is this weakens the case.?

It depends.  That is why care should be taken to produce the list of witness and only those witness which would be useful should be produced before court.



2 If the 2nd witness is tenant .Is there any problem?
(But actually the 2nd tenant was testator 's personal assistant.The opposite party is explaining him as a tenant.)

Let the opposite party address the witness as anything. There may not be a problem if the tenant is a relevant witness.



3 The opposite party is writing that the application for grant for probate is not in accordance with the provisions of section 276 (1) (d) and section 276 (2) (a) of 8ndian succession act.what does it means?.

They are quoting the relevant provisions of law to dispute your case, your lawyer may give a strong counter to that issue.



4They are also explaining that testator was mentally not well and for myself that i am a ill minded person (which is 100%false) should i hv to present any document or evidence in this regard and when?

This is a matter to be discussed during argument, you can apprise your lawyer about the relevant facts who will take care of the situation.




6 They are writing that testators sinature is shaky and space is different letters .Have they to any proof in this regard?

The burden of proof is on their shoulders, let them prove their allegations. 
T Kalaiselvan
Advocate, Vellore
13984 Answers
127 Consultations
5.0 on 5.0

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