Exparte decree
Venkatesh
(Querist) 27 September 2015
This query is : Resolved
Sir,
A will was written by the property owner Mr.A in the year 1966 and it is registered. In will the matter is like this "After his death his property should enjoy 50 percent by his wife and 50 percent by his brothers children". Mr.A was expired in the year 1970. After that a clash arised between Mr.A wife and Mr.A brothers children on the written Will. Mr. A wife approached court against Mr.A brothers children filing that the entire property should belongs to her only(She dont have Children). The deponants attended only once in the court and didnt produced the registered will and they were not attended the court for remaining times. In the year 1994 The court has given judgement (Exparte decree) to Mr.A wife as she is the owner of the entire property, with out noticing the registered will. Based on the judgement I was purchased the same property from her in 2011. After 21 years of judgement, Now Mr.A brothers children approaching court with registered will for their share against Mr.A wife. Is it favourable for them if they produced the will now? Is there any problem for me and property purchased by me?
P. Venu
(Expert) 28 September 2015
What are the relief's sought by A's nephews/nieces now?
Venkatesh
(Querist) 30 September 2015
A's nephews are approaching court now. They are not showing any Reliefs..
If they approach court with registered will is it favorable for them or not?
Rajendra K Goyal
(Expert) 01 October 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Exparte-decree-561731.asp#.VgzJVvmqqko
http://www.lawyersclubindia.com/experts/Exparte-decree-563231.asp#.VgzIZvmqqko
P. Venu
(Expert) 01 October 2015
How is that they are approaching the court without seeking any reliefs?
