Legal Question in Product Liability in India

Probating the will

My grand father has written a will in my & my brother's name.We are residing in Chennai It's a self earned property by my grandfather signed and the will is signed by 2 witnesses now residing in US. They will be around 80 +. I am in touch with them. They are ready to help me in proving that the will is geneuine and written in clear state of mind. We have submitted the will in the court through lawyer for probating. As I am a lay person in this ,would like to know what will be the court procedure in probating this will. I heard through one of my friend that court will definitely call for witness physical presence when required. I need a clarification whether witnessess physical presence is required or is their any way in law to get a statement from the witnessess that the will is geneuine and has written in clear state of mind without them coming to India. The reason I am asking is I don't want to give any disturbance for them aksing them to come to India as they are old and I don't think it is fair on my part to disturb the old people just because they stand as a witnessess. They have already sent an affidavit with public notary seal from US stating my grand father has written in clear state of mind and the will is genuine.


Asked on 7/21/07, 8:05 am

1 Answer from Attorneys

G. M. Gupta gmguptaandassociates

Re: Probating the will

one thing that the witness to will may be dispensed with if it is not objected.

second thing is that u can try video confrencing for the problem

third thing is ........ best of luck

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Answered on 7/22/07, 1:25 pm


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