Will deed under sec-90 presumption
Querist :
Anonymous
(Querist) 04 May 2011
This query is : Resolved
A case filed for partition in 2003 by a lady in district court against her brother, seeking her father and grand mother's property. After completing 3 yrs adjonments, in 2006 the brother of the lady submitted will deed of his father (which he found in a trunk) that was written in the year 1972 and the will was not proved because the witnesses were dead and it is not from the proper custody, no one know the existence of will from 1972 till 2006.In that will deed the property of lady's grand mother was also mentioned. The lower court took presumption under sec-90 IE Act and accepted the will deed. As per SC Judgement the will deed must be proved under sec-63 and 68 when it is suspicious. I have submitted the SC judgements regarding this but the lower court n high court are not relaying on the supreme court judgement. My question is "Why the lower court and high court are not depending on the supreme court judgements and what the lady can do in this regard?"
