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1,
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By :
amit
student
[ Scorecard : 37]
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ON : 5/6/2008 10:30:45 PM
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My grandfather purchased property on attorney, Gpa in name of my father, and Special PoA in Grandfathers name. He wrote 2 wills, in latest will he bequethed all property to my father.This will, he signed on x date and got it attested by witness on y and z dates. This will is handwritten. My Tau filed a suit for partition , mandatory and permanenet injunction in which partition in six poetions was decvided and permanent injunction was decreed. We filed will, gpa and bedakhal notice in newspaper and handwritten docs in that case, but due to bar counsel strike, cross of plaintiff(tau) was done by my father himself and we lost that case as will was not proved. We filed a appeal in High Court, which is pending. Now we filed a probate case, in which we filed both wills and asked for probate of latest will with one attesting witness in court. We asked for bank opening of my grandfather and put signature experts opinion matching sign on wills and account opening form. Other party said will is forged and resjudicata apllies. Now this probate case has also been dismissed. What can we do now, further can we ask fo probate of earlier will in which my father and chacha are given 50-50share. We have all genuine documents will, handwritten debarment by my grandfather against my tau. Property purchased by my grandfather with Gpa in my fathers name and Spa In his (grandfathers)name. Can by virtue of Gpa my father becomes absolute and lawful owner of said property, Kindly guide with your opinipns, Due to this we are loosing faith in judiciary
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By :
Advocate Manoj Goyal (Guest)
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ON : 5/7/2008 12:09:48 AM
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hi amit
frst of all i want to tell you that by will your father will be owner only on the property which ur grandfather have self-aquired because on ancestral property which your grandfather have acquired from his ancesstors the will is not applicable . so in ancestral property your tau ji has intrest which he will get but the property which your grandfather have self-aquired it will goes to your father if will speaks about it too. hopw you understand my views .
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By :
yedhulaprakash
Lawyer
[ Scorecard : 6544]
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ON : 5/7/2008 10:07:59 AM
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The general power of attorney has no validity after the death of your grandfather nor it will give your father any right over the property. Regarding the probate of the earlier Will, it all depends on the pleading you made in the suit and the probate petition that was dismissed. You cannot play hard and fast when it comes to court matters.
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By :
Ajay kumar singh
Advocate
[ Scorecard : 182]
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ON : 5/7/2008 7:10:07 PM
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you have written about two WILLS. Are both the wills for the same property? If yes, pl note that when aSECOND WILL is made,the first Will automatically loses its force. Agitate the dismissal of probate case the upper court.
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By :
amit
student
[ Scorecard : 37]
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ON : 5/7/2008 7:17:37 PM
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but sir if onlatest will is dismissed, can we ask for probate of earlier one
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By :
amit
student
[ Scorecard : 37]
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ON : 5/7/2008 7:18:40 PM
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but sir if onlatest will is dismissed, can we ask for probate of earlier one, bealso tell abt all 3 sign on different dates
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