The Hon’ble High court held that when the scribe is one of the attesting witnesses of a will, he is not more competent than other attesting witnesses to depose the execution of the Will. The Court noted that there is no law in place which states that when the scribe of a Will is one of the attesting witness, he/she is the best witness and is the most competent to depose the execution of the Will. A single bench of Justice Mary Joseph observed, “If the scribe is an attesting witness to the Will, he can be examined as an attestor to establish the execution of the Will and his competency will only be equivalent to the other attesting witness…There is no prescription in law that for establishing the execution of a Will the scribe must be examined. The examination of a scribe can be resorted to when he is an attesting witness to the document. In all other circumstances the law did not contemplate examination of a scribe to establish the execution of the Will.”
HONOURABLE MRS. JUSTICE MARY JOSEPH
RFA NO. 139 OF 2008 P Nanikutty V. K U
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