Will related question
4 years ago
My father had a willl i.e 30 year old . Even will was made according to the law and even 2 witness had signed to the will. Currently will has been challenged in the court by my uncle . one of the witness is alive and he is 92 year old. That witness is not a fit enough to come to court due to his sever health issue and even his age dont support to do that. Trail court had given a judgment that will is not valid if witnesss didnt recognize the will.. i heared if will crosss 30 year then their is no need to witness recognizing the will . Kindly suggest your thoughts on it so that we can fight in high court
You may rely upon the Section 90 of Evidence Act and ask your advocate to putforth arguments before Appellate Court.
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Section 90 in The Indian Evidence Act, 1872
90. Presumption as to documents thirty years old.—Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. Explanation.—Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. This Explanation applies also to section 81. Illustrations
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Pavan kumar Gudipati
Responded 4 years ago
2) Does will executed as per will?
some times, NO time limit, But some times, 12 Years Limit
Witness might not be required at all. but this topic is so big, huge SC rulings on various scenarios.
Anand Dhanuka
Responded 4 years ago
Will of Grandfather
Property distribution
Brother unwilling to give copy of their late mothers Will to Sisters
Unregistered will without signs of witnesses
can a BENEFICIARY in the will be appointed as an executor
