Counter WILL !
Querist :
Anonymous
(Querist) 31 March 2011
This query is : Resolved
Dear experts of the forum,
If, defendant prepares a WILL (since he is having a signed paper/s, of plaintiff's father, with him ?) to counter the GENUINE WILL of the plaintiff's father; what cures will the plaintiff have?
The case is in the court and the defendants has to file the Written Suit / Reply, to the plaint.
Please advise me(Plintiff), the precaution to be taken.
Thanking you ALL in advance, expecting an early reply, PLEASE.
Raj Kumar Makkad
(Expert) 31 March 2011
It depends upon case to case and no straight jacket formula can be discussed against your query, however, it is to be seen whether testator was physically and mentally fit or not at the time of execution of will, whether any independent witnesses were present and signed or not the alleged will, whether any previous will was made by testator and if so whether this fact was mentioned in subsequent will or not, whether properties and members of the family especially legal heirs of the testator were mentioned in the will properly or not, whether will goes on in one flow or contradictory meanings can be derived out of same, whether subsequent alleged will was registered or not etc. etc.
There can be hundreds of situations depending upon matter to matter and defence can be taken while dealing with the matter. It is better to decide your lawyer dealing with the case which line to adopt.
