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Property dispute between my wife and her brother

(Querist) 17 January 2015 This query is : Resolved 
My mother inlaw died and executed will in favour of her foster daughter who is my wife. My mother inlaw's foster son is filed a suit in court and stating will is forgery. The will is registered and patta has been issued in my wife's name. My laywer is filed counter against the suit for claiming the suit is frivolous, fixtitious and false. When this suit will be dismissed in favour of my wife. How to deal this case , since my advocate has not taken any action and awaiting for trial. How can we speed up the trial, he is making excuse for last three years telling everymonth the case is pending in court for trial.Presently the tenants are paying rent to the court.
We are unable to take possession of the property as the tenants are paying rent to court. We are unable to evict the tenants due to court case is pending.
Kumar Doab (Expert) 17 January 2015
The registered WILL fetched more reliance.It could have been probated.
If you are not satisfied obtain second opinion from local lawyer.
Rajendra K Goyal (Expert) 18 January 2015
Civil cases takes time. Wait till decision. Court may not set aside the Registered will.
ajay sethi (Expert) 18 January 2015
you have to apply for probate of the will . prove that will was duly signed by your mother in law
manoharan (Querist) 18 January 2015
Dear Kumar/Rajendra & ajay

Many more accolades & thanks to all for clarifying my property dispute query. How to apply for probate of will. For that do I have to consult laywar for applying for probate. Kindly do clarify the above query and I am very thank to you all.

Regards

V.Manoharan
T. Kalaiselvan, Advocate Online (Expert) 20 January 2015
You consult a lawyer locally and he will guide you about filing the case for probating the Will and all other details.


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