IN THE COURT OF THE MUNSIFF AT THIRUVANANTHAPURAM
(Filed under Order XVIII Rule 4 read with Section 151 of the Code of Civil Procedure, 1908)
O.S. No. _______ of 2026
(Suit for injunction, declaration of legal representatives, partition, and consequential reliefs, as per the plaint)
Between
[Name of Plaintiff], aged ____ years, S/o./D/o./W/o. [Father’s/Husband’s Name], residing at [Full Address]
… Plaintiff
And
[Name of Defendant], aged ____ years, S/o./D/o./W/o. [Father’s/Husband’s Name], residing at [Full Address]
… Defendant
AFFIDAVIT OF EVIDENCE OF THE ATTESTING WITNESS
(Filed on behalf of the Defendant, in lieu of examination-in-chief of [DW No. __])
I, [Name of Witness], son of [Father’s Name], aged about ____ years, residing at [Full Address], do hereby solemnly affirm and state on oath as hereunder:
1. I am filing this affidavit of evidence in lieu of my examination-in-chief as DW ___ in the above suit, in support of the case set out by the Defendant in the Written Statement filed herein. I state that the facts deposed to hereunder are true to my personal knowledge, save where stated to be based on records or information, and I am competent to depose to the same.
2. I have no personal interest, financial or otherwise, in the subject matter of this suit, and I am not related to the Plaintiff or the Defendant. I am one of the attesting witnesses to the Last Will and Testament dated [Date of Will] executed by the late Testator, Shri [Name of Testator], and I am fully competent and fit to depose in this matter.
3. On [Date of Will], I personally visited the Testator at [Location where Will was signed, e.g., his residence/office/hospital]. At that time, the Testator was in a fully conscious, alert, and sound state of mind. Despite his physical illness, he was fully capable of understanding his actions, his properties, and the nature of the disposition he was making.
4. The Testator read over the contents of the Will, and he expressed his complete satisfaction with it. He then voluntarily signed/affixed his thumb impression on each page of the Will in my presence and in the presence of the second attesting witness, Shri [Name of Second Witness], and the Scribe, Shri [Name of the Scribe], who prepared the Will.
5. I state that the Testator signed the Will first. Immediately thereafter, at his request and in his direct presence, I signed my name as an attesting witness. Simultaneously, the second witness, Shri [Name of Second Witness], also signed as an attesting witness in the presence of the Testator and myself. We all saw each other sign the document, in conformity with the requirements of Section 63 of the Indian Succession Act, 1925.
6. I further state that I accompanied the Testator to the Office of the Sub-Registrar at [Location] on [Registration Date]. The Sub-Registrar verified the identity and sound mind of the Testator. The Testator admitted the execution of the Will before the Sub-Registrar, after which the official registration markings were made. This statement is made to the best of my recollection of the events at the Sub-Registrar’s office.
7. I categorically deny the allegation made by the Plaintiff that the Testator was too ill to execute the Will. The Testator was mentally robust, understood his actions perfectly, and executed the Will out of his own free will without any coercion, fraud, or undue influence.
8. I identify the original Will produced before this Hon’ble Court as Exhibit D-___, which bears my signature at page no. ____. I also identify the certified copy of the registration extract relating to the said Will as Exhibit D-___.
9. I state that no fact material to this suit has been suppressed or misrepresented herein, and I am ready and willing to be cross-examined by the learned counsel for the Plaintiff on the contents of this affidavit.
DEPONENT
VERIFICATION
I, the deponent above-named, do hereby verify that the contents of paragraphs 1, 2, 3, 4, 5, 7, 8 and 9 of this affidavit are true to my personal knowledge, and that the contents of paragraph 6 are true to the best of my recollection and belief, based on my recollection of the events at the Sub-Registrar’s office as stated therein. No part of this affidavit is false, and nothing material has been concealed therefrom.
Verified at [City] on this _____ day of ____________, 2026.
DEPONENT
Solemnly affirmed/sworn by the deponent, [Name of Witness], who is identified by / personally known to me, at my office at [Place], on this _____ day of ____________, 2026.
Sd/-
Advocate Commissioner for the Defendant
Name: _______________________
Registration No.: ____________
