Partition and Will

Querist : Anonymous (Querist) 09 November 2009 This query is : Resolved

I filed a suit in the Civil Court for partition of suit against my sister. Subsequently they produce fake and bogus will and claim all the property. In the lower court I have not succeded to bring to the notice the evidence as well as neither I challenged the Will.

Is it possible for me to bring this evidence and challenge the Will in the High Court. What are options open for me to get justice.

I am made to believe that the evidence and opportunities given in the lower court will not be given in the high court. I have to rely on the evidence of lower court.

Please kindly advise what I should do to rectify and correct my evidence. The fault was not committed by me. It was only ignorance of the law.

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adv. rajeev ( rajoo ) (Expert) 09 November 2009
Everthing is over now. U have done a blunder mistake in the lower court. After producing the will in the court by your sister, you could have denied the will by filing a rejoinder application. U have not done by this.
Whether to prove the will ur sister lead the evidence of the scribe and wittnesses to the will?
So u don't have any chance.

Sachin Bhatia (Expert) 09 November 2009
Still you can clallenge the will in seperate suit.

Raj Kumar Makkad (Expert) 09 November 2009
Because the will was not a separate issue in the aforesaid civil suit so its legality can still be challenged in a separate suit but better if you withdraw your appeal pending before High court with permission to file a separate suit challenging the authenticity of aforesaid will. If High Court permits you then it is an open ground for you to file the suit as suggested by me on the grounds you deem fit but be aware this time.