Legal Question in Wills and Trusts in India
Probate of will
My brother passed away and left a will dividing his property equally between his wife and myself. The original copy of the will was lost in transit and i have only a xerox copy of the will. My SIL is challenging the authenticity to the will stating it is forged. Kindly advice how i can prove that the will is genuine and therefore get my rightful share.
3 Answers from Attorneys
Re: Probate of will
This is essentialy a question of evidence. Courts will be reluctant to accept a photo copy of the will in lieu of the original. Unless of course, the will was registered, in which case a certified copy issued by the registrar where the will was registered can be accepted by the courts.
Re: Probate of will
you can approch proper court and get remedy by probating the will
Re: Probate of will
I agree with Mr. Mahesh Pai. There would be no difficulty in case the will was registered since in such a case, you can obtain a certified copy of the will, and have same probated.
If the will was not registered, then you have to prove the will by deducing evidence, particularly of the attesting witnesses.
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