Will (a real and interesting case to answer)
gaurav dhall
(Querist) 14 November 2012
This query is : Resolved
chand devi given her portion of land to her grandson chaman lal on rent @ rs. 500 pm in 1985. She also resides with chaman lal. she died in 1996 and leaving her portion to chaman lal who also borne her all medical expenses. Chaman lal used her portion without any hindrance till 2012. But now in 2012, sham kumar brother of chaman lal showing registered will (dated 1986) of chand devi in favour of sham kumar and asking chaman lal to vacate portion of chand devi. Now querries are: 1. In doughtfull registered will of chand devi, name of chand devi w/o Om parkash is written as chand bai w/o Om parkash. But in fact her name was chand devi. Signature on will is also as chand bai. I want to plead the case on this point that will is forged and not made by genuine chand devi. How strong my point is? May i have case law on this particular point.
2. witness on the will is of mukesh who is relative of beneficiary i.e. sham kumar. witness of relative of beneficiary can be taken as valid?
3. Can it be a strong point, that why sham kumar did not shown this will in 1996 immediately after death of chand devi. why he kept mum for so many years.
Pls interact and guide.
ajay sethi
(Expert) 14 November 2012
you have stated that grand mother left her portion of land to grand son chaman lal . what is evidence in this regard ?
you have stated that for 26 years grand son has been in posession of said land . in addition you have stated that regd will appears to be forged as signature appears to be forged and name mis spelt .
in such a case you have to challenge genuiness of said will . the fact that for 26 years your brother kept silent does cast doubt about genuineness of will particulary so when name is wrongly mentioned and signature differs
gaurav dhall
(Querist) 14 November 2012
There is no evidence in this regard because in our traditions we cant say to our elders on death bed to make will in our favour.
there is no proof of signature of chand devi, there was no bank account etc. signatures on will is in punjabi language and it is simply written as chand bai in signatures, which can be read normally.
ajay sethi
(Expert) 14 November 2012
in such a case your grand mother has not bequeathed any portion of property to you . on her demise assuming alleged will is a forged all her legal heirs would have share in said land .
Raj Kumar Makkad
(Expert) 15 November 2012
You should wait some legal action on th epart of Sham Lal and you should keep mum till then. When notice of the court is received to you, file written statement inserting all points as already discussed plus found scope while reading the plaint and challenge the will. Once will is set aside, you all legal heirs of your grandma shall become equal shareholders thereto.
gaurav dhall
(Querist) 15 November 2012
Now we have received notice and summon from side of sham lal. I want to know that whether there is some specified time period for judges to decide such case? How much long dates a judge can give?
ajay sethi
(Expert) 16 November 2012
file your reply ie written staement within 30 days . contact a local lawyer immediately disposal of case would depend upon pendency of cases in court . it may take years
