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My mother has written a will in favour of my brother and that will had 2 witness one died and the ot


17-Jul-2023 (In Civil Law)
My mother has written a will in favour of my brother and that will had 2 witness one died and the other witness is now in favour of our side and we have filed a case for property so can we take some written sttement from the witness for a safer side as the witness is now on our side but we don't know whether he refuses later to be on our side
Answers (3)

Answer #1
885 votes
Are you need to take one affidavit from him get the affidavit registered via notary and also make a proper video of him that he signed as a witness in that will and also get the same statement from his email address… so you have to start creating evidences and hire an advocate to frame all these things …thank you n b in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #2
766 votes
No. such settlement of either party with witness is neither valid nor permissible in law. Any such agreement of settlement will establish your comnivance with witness which would be sufficient to shatter the worthiness of witness and would prejudice your case.
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Advocate Siddharth Srivastava

Adv. Siddharth Srivastava

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Answer #3
1000 votes
Hi, A reading of your query raises serious concerns. Firstly, since your query states that your mother had written the will and that there were two witnesses, it seems to be a valid and the description of the witness’ stance paints a picture of him willing to present false evidence which is an offence under section 191 IPC. On the other hand, if you’re afraid that the witness may change his stance and not represent the true facts, an application may be moved to have his evidence taken on affidavit in writing which may then be filed with the court.
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Advocate Kunal Srivastava

Adv. Kunal Srivastava

LawRatoDelhi | 100+ Answers
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