Elder daughter files case for share by hiding father's original will
Querist :
Anonymous
(Querist) 17 August 2011
This query is : Resolved
Hi,
My grandfather expired leaving a Will , he had given this Original will to his eldest daughter. He had 2 sons and 3 daughters. After his death when asked the eldest daughter denied and said he had given her only the xerox copy of the Will. Both the sons also had a xerox copy each of the hand written will. The property which is 2 storey house was divided among the 2 brothers in the Will and none for the daughters.
Later the 3 daughters filed a case in the court for 1/5th share in the property stating that their father died inestate and they want the equal share. the brothers recieved the court notice. A few days later the eldest daughter's husband called up the 1st son and said the Original Will was found and the eldest daughter opened that Will infront of their LAWYER . Since the 2nd daughter was not in the country and would coem next month , the lawyer said they cannot make any decision right now. The eldest daughter gave a written letter stating that she has the original Will with her signature. When asked the lawyer to sign he refused.
Now my question is , can the lawyer play any games here by later proving that the letter was not from her or anything that the 3 daughters can do to trouble us, now since the Will was found and we know they r not happy that their father has given anything to them. Is there anything that we need to be cautious about.
Thanks for reading , it would be a great help if someone can Advice me on this.
Dr Anil Kumar Singh
(Expert) 17 August 2011
since original will has been found and you have got undertaking from the elder daughter of your grandfather , you should make efforts to end the case filed against you as stated in the post by filing the Will and undertaking before the court with the help of your counsel
prabhakar singh
(Expert) 17 August 2011
YOU HAVE NOT STATED IN WHOSE CUSTODY THE WILL IS IN PRESENT AND IT IS REGISTERED OR UNREGISTERED,A FOUL PLAY MAY SURPRISE YOU IF THE WILL IS UNREGISTERED AS SHE MAY DENY THAT SHE DOES NOT HAVE ANY WILL AND CAN DENY HER SIGNATURE ON LETTER OF ADMISSION ABOUT EXISTENCE OF WILL MADE BY HER FABRICATING SEVERAL STORIES.SO WAIT AND WATCH TOO SEE HOW THEY ACT NOW.
ajay sethi
(Expert) 17 August 2011
if original will has been found and your sister has given an undertaking in writing that will is in her custody you should trust her . may i suggest that although under will your sisters have not inherited any thing it would be advisable to give them some share of property . it will keep them happy and avoid all legal complications .
Raj Kumar Makkad
(Expert) 18 August 2011
It is necessary to know the possesser of the will at present prior to reply of your query so provide this information.
Querist :
Anonymous
(Querist) 18 August 2011
Sir,
Thanks for all your replies.
The Will is still with Elder daughter, her lawyer did not let us take the will. But in her letter she has mentioned that she has given its copy to her brother and also mentioned the date of the will when it was written.
Querist :
Anonymous
(Querist) 18 August 2011
Also, the Will is not Registered.
One more question if she denies about the letter is it possible to do a police complaint against her with help of that letter
prabhakar singh
(Expert) 18 August 2011
Admission or Denial of a fact is a RIGHT and NOT an OFFENCE,so Simply denying a signature or writing will not give rise to any action.Police would be having no right in this regard.
But as her admission of existence of will and a copy of will is with you,it will HELP you if she proceeds to contest the suit filed by her against you.
