• Proving a will

How to prove will if witnesses are no more after the death of testator?
Asked 2 years ago in Family Law from mumbai, Maharashtra
Religion: Hindu
Dear Client,
Registered WILL only valid, You need to submit the Original registered deed before court.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
get probate of  will from court to get it proved.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
yes, Registration of Will is not mandatory.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. While praying for grant of probate, other legal heirs may contest the said Will on various grounds viz., the will is false since the signature is fake, the signature has been obtained under coercion etc.,

2. Under the above circumstances, the evidence of the witnesses come as deciding factor,

3. Since, the witnesses are no more, findout the typist (typists name is typed on the will most of the times) to give witness that he has typed the said Will as per instruction of the testator or his lawyer etc. etc.

4. However, before going for the above exercise, you shall have to file an application for probate before the Court for which notice will be sent by the Court to other legal heirs.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Dear Client,
You need to get probate of the WILL before the court. The other legal heirs will contest the same , and it is your duty to prove the WILL document executed not registered.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1) section 68 of evidence act provides that you have to examine atleast one attesting witness to prove the will . 

2) if both the attesting witnesses are dead you can prove the will by other evidence . you can examine a witness who can identify the testator  signature on the will . 

3) you also have to produce death certificate of AW  as evidence that both witnesses are dead .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
You can file a petition to probate it from the court and court will consider its genunity
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
when both the witnesses are dead you have to examine another witness to prove that will was signed by testator . said witness must be familiar with signature of testator and must have seen him signing various documents or have received documents signed by him .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Dear Client,
Need not worry, if the witnessess are died, the wittnessess can be produced for circumstantial evidence , in support of the affidavit filed by the deceased wittnesses.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
if both witnesses are dead then produce other witnesses in court who closely knew the testator and were also present at the time of execution of said will and can identify the signatures of testator and 2 witnesses, to prove said will in court.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Any person who knew the witnesses and their signature  even if he did not know the testator can prove a Will.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Hi, you have to examine the one of the legal heirs of the attesting witness in order to prove the will who can able to identify the signature.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Will will be validated by court on the affidavit filed by the witnesses in the court for probating the will court will check the genuiness of the same on this basis
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. What was objected in the said probate case by other legal heirs?

2. You should attempt to counter the said objection,

3. If the signature of the testator and/or the witnesses have been challenged, produce some body or bodies who can testify the signature of the said witnesses and also the handwriting of one witness who wrote the said will.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
the court have power under section 73 of indian evidence act 73. Comparison of signature, writing or seal with others admitted or proved.—In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose. The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person. 1[This section applies also, with any necessary modifications, to finger-impressions.]

apart from this when both the witnesses died after submitted their evidence on oath before the court then the other person who know the witnesses may produce as witnesses for identify their writing or signatures.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. What are the grounds of objection raised in reply to the probate petition? 

2. If both the attesting witnesses are dead then somebody who can vouch for the signatures of the testator has to depose in the court. Since the trial has started the testimony of a person who is familiar with the signatures of the testator is crucial to the fate of the case. His testimony alone can sustain the will.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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