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Author Topic: Taking Witness on record  (Read 710 times)

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Offline sreeranjini_r

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Taking Witness on record
« on: July 27, 2015, 05:53:43 AM »
Sir/Madam,

My late grandfather wrote will for the property to be divided between his 2 sons only and not his daughter.

The sons filed order of probate , then daughter questioned genuineness of will and case was converted to Testamentary original suit ( TOS ) . I am asking this on behalf of sons who want to execute the fathers will.

The person who prepared the will as per testators orders and both the witnessess are alive but very old ( 70+ ) and one witness is too sick. The case is moving at very slow pace and delayed. God forbid, if the witnessess die or get bribed or murdered, it might be difficult to win the case from sons side

In such a situation, is there a provision to take the witnesses on record through audio/video evidence ( Witness letter of attestation is presented to court) .Also the person who prepared WILL ( one who typed it ) according to my grandfathers orders is very old . He is willing to testify.

Is there a provision to take record of attesting witnesses and type writer of WILL on record even before hearing date ?

Offline advkhanna

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Re: Taking Witness on record
« Reply #1 on: July 27, 2015, 07:03:05 PM »
yes everything is possible, you file an application in court for recording the evidence of the witnesses, court will grant you the directions.

 was the WILL registered?

Offline sreeranjini_r

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Re: Taking Witness on record
« Reply #2 on: July 28, 2015, 12:45:04 AM »
No Sir, The WILL was not registered,

but was typed by my grand father's friend based on instructions received and was signed by 2 attesting witnesses and grandfather . All witness ( attesting and witness who typed the WILL) are alive but very very OLD ( one of them is 80+ and other is 70+ ), 70+ person is very sick and is not in position to testify, and 80+ person is partially immobile but has sharp memory and is ready to testify.

Only concern is before even anything bad thing could happen to them ( God forbid ), we want to submit their evidence to court.

Offline kphk

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Re: Taking Witness on record
« Reply #3 on: July 30, 2015, 06:52:40 AM »
Nothing will happen even if it is unregistered. Probate only is important, quickly get the application listed and get directions for appointing advocate commissioner for recording evidence.

 

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