Testamentary petition filed by the legal heirs
Mohammed Rizwan Shaikh
(Querist) 23 August 2017
This query is : Open
Respected Experts,
The Legal Heirs of the deceased (Muslim) have filed Testamentary Petition for the Letter for Administration in the High Court of Bombay. The Legal Heirs did not include the wife and widow of the said deceased in the Testamentary. Petition. The Legal Heir suppressed the true facts before the Honble High Court. The deceased holds several properties in Mumbai wherein in the said petition they even suppressed the same. They just included only two properties excluding the Court matters which were filed in respect to various lands in Mumbai. The legal heirs were well aware that out the 2 properties which have been mentioned in the Schedule of the Property, one property has already been gifted to the widow several years back. In the said petition, they legal heir claimed to be the next of the kin whereas the truth is that the deceased disliked/ disowned them when he was alive. Several complaints have been filed with the Government Authorities against the legal heirs by the deceased. The wife/widow of the deceased wants to intervene in the said Testamentary Petition by filing Caveat and Affidavit in Support of Caveat to claim her rights in the share of the deceased which has been suppressed by the legal heirs.
Question:
1. After filing of the Caveat and Affidavit in Support, what relief can be claimed by the Testamentary and Intestate Jurisdiction Court?
2.Can the widow seek stay over the property which has already been gifted by the deceased?
3.Can the widow file Partition Suit to claim her share in the properties left by the deceased?
4. What will be the outcome of the Testamentary Petition or the Suit?
5. As the legal heirs have suppressed the true facts and lied before the High Court, what action can be taken by the widow and by the Court?
EXPERTS !!! Your advice in this regard, shall be very very high appreciated
Regards,
Mohammed Shaikh
Rajendra K Goyal
(Expert) 23 August 2017
Casual query may not solve the problem, it is better, discuss with some senior lawyer in the field and expert in personal law for guidance and properly clarify your doubts in detail.
Dr J C Vashista
(Expert) 24 August 2017
@ Mr. Mohd. Shaikh @ Rizwan Shaikh,
You have posted numerous queries such as:
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To improve your legal knowledge you should have joined a law college/institute/Coaching Centre. This site is meant for needy litigants and your actions are abuse of this platform. LCI should have filtered and deleted account of such students.
Mohammed Rizwan Shaikh
(Querist) 24 August 2017
@ Dr. J. C. Vashista......with due respect to you and all experts........Sir, is gaining knowledge a crime? I face issues in my day to day life.......I ask you all experts......as I believe that there are great minds to help me out from the situations...is there any thing wrong....did I abuse any one?.....have I insulted any experts?......no way you all are my Gurus......As mentioned by you, this platform is for litigants....Sir, I am also a litigant and justice seeker in the temple of law. And Sir, my name is Mohammed Rizwan Shaikh......is it wrong if I have posted several queries? Is there any limitation to post query on this esteem and noble platform LCI? Sir, if I would have not gone through financial crisis, I would definitely have become a lawyer. Sir, no matter what you have stated, I will continue respect you and the knowledge which you have gained till date. Shishya ki samaya agar Guru nahi suljhayenge to kaun suljhayega.......Shishya ke kai sawal rehte hai, kya guru kabhi kehta hai ke tum itne saare sawal kyun kar rahe ho......Gyaan baatne se badta hai..
Mohammed Rizwan Shaikh
