Urgent query

Querist : Anonymous (Querist) 08 August 2011 This query is : Resolved
Dear Sir/Mam
I am an Advocate practicing in Delhi High Court but I am confused in one point that is:

X&Y are Brother and Sister. X- Brother is Married and having one child where as Y- Sister is Unmarried and was living with her father- Z. Whereas Z dies and left property and assets and cash. Now Y is clamming that she has will in her favor but where as X Says there is no such will as that will was made forcefully. So now I would like to request you that How can we challenge the and which Jurisdiction and court we should follow and X and his son can file the claim and under which section as they are Sikh in nature so do they will be coming in HUF

Note: There was previously Two brothers also but both of them got expired and after that new will was made in which Y has changed everything in her name.

I hope you guys will tell me the best possible solution

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ajay sethi (Expert) 09 August 2011
you have stated that will was made . application for probate has to be made to prove the will in delhi . when notice i issued to you , you can challenge the genuiness of the will if you have valid grounds

Raj Kumar Makkad (Expert) 09 August 2011
First of all nature of the properties left is to be taken in consideration. If properties left by Z were ancestral in his hands then will has no value in the eyes of law and it can very well be set aside by challenging it before civil court but if those were self acquired ot mixed then will shall have to be challenged but X should not start the story of will. He should file a civil suit seeking possession and partition of 1/2 share left by his father describing all properties fully with documentary proof. Definitely his sister shall appear in the suit and shall mention about alleged will in the written statement then get it challenge on all available grounds in the replication by first demanding original will to be put on court file.

Querist : Anonymous (Querist) 09 August 2011
Dear Mr Makkad
Thank you very for your piece of Advise should we take this matter in district court or delhi high court and if district court then which one.
Can we make our own will and claim that this our will and her is fake as made under pressure and what all documents should we attach as we have photocopies of all the fixed deposit in the bank and also they have signed faked of X while selling ancistroal property so can we also get any relief in this
Regards
Karan

Shashikant V. Patil (Expert) 09 August 2011
Mr Rajkumar Makkad rightly advised. In this event, X shall go for suit for partition. And X should not think for making false will for clashing will with his sister Y. And for getting deposits , bank balance of deceased father, X & Y collectively should obtain Legal heirship certificate from the court.

M/s. Y-not legal services (Expert) 10 August 2011
Am also agree with senior makkad. And according to your property worth you have to file suit before appropriate court.

Querist : Anonymous (Querist) 10 August 2011
Its more than 7 crores but Y say its only 2.5 Crores and I guess suit should be file before the Hon. High court of delhi and it should be civil in nature

M/s. Y-not legal services (Expert) 10 August 2011
No. Above ten lakhs mean any suit should be filed before district judge only. You can't approach your high court directly.

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