Will father

Querist : Anonymous (Querist) 17 June 2023 This query is : Resolved
My father's wrote his WILL (Unregistered) for his self acquired house in 1995, in the name of his son I have three sister's one sister file case in 2021 for partition of the house. It is tenement, allotted to refugee's after partition of India Pakistan. The area is 25 Sq. Yd. only in New Delhi.

The younger sister expired in Nov. 2022, and her Legal heirs want to sign document in my favor, will you pl. suggest what should be written in that document so that I can produce in the court.

Thanks & regards
Waiting for an early response

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This discussion revolves around a son defending his claim to a self-acquired house based on his father's 1995 unregistered will. One sister filed a partition suit, claiming the father died intestate, while the son asserts the will's validity. Crucially, the legal heirs of a deceased sister have now submitted documents supporting the son's claim and acknowledging the will. The court has examined the original will, finding it prima facie valid, and dismissed the plaintiff's interim application, though the final merits are yet to be decided.

Sudhir Kumar, Advocate (Expert) 17 June 2023
You have conveyed that you have e sisters 1 died and heirs willing to write NOC, 1 filed objection. What about third sister.

K Rajasekharan (Expert) 17 June 2023
If there is a Will the property will go to the person named in the Will. Other daughters, sons or their legal heirs have no say in it. They cannot claim partition, as well.

Querist : Anonymous (Querist) 17 June 2023
2nd sister is supporting first sister they filed case against me that our father expired instate, however everyone in family knows that father execute his Will.

Advocate Bhartesh goyal (Expert) 17 June 2023
Registration of will is not compulsory but for it's vaidity it is essential that will should be signed by testator and two witnesses.When you have your father's will then no need to get NOC from your deceased sister's legal heirs. You need to prove will.Contest the case strongly.

Dr. J C Vashista (Expert) 18 June 2023
Case stated to have been filed by one of three sisters shall not hold ground and will be dismissed if you are able to prove that the "will" executed by your (deceased) father in terms of Section 63 of Indian Evidence Act, 1872 and Section 68 of Indian Succession Act, 1925.

Querist : Anonymous (Querist) 24 June 2023
My younger sister expired in Nov. 2022, and her legal heirs total 3 one husband and two children, Now my brother-in-law put pressure on me to that he and his children sign documents in my favor so that I submit that documents in court, is it a tricks, can harm my case, pl. give your suggestions, My advocate prepare the document, but I still not send it to my brother-in-law. My brother-in-law and his children never come to court and till date they did not submit their reply in the court from the last one year.

Pl. guide me,

Thanks

My younger sister expired in Nov. 2022, and her legal heirs total 3 one husband and two children. Today all 3 LR's
submitted there documents through advocate and explain that they did'nt agree with this case, put up against me by my elder and second sister and they knew that defendent father had signed his WILL in his son name. So we all 3 have no right in this house. Today judge check our orignal WILL it purborated where second witness singed, and order for evidence.

My father filed a commercial activities form under supreme court guidelines in 2007 for 10 Mtr. Shop in residential colony, but did not open any shop, but my sister today said that I am running commercial activites in this house which is false. It is 30 Sq. Yd. house having only two rooms, and my sister ask for partition, our adocate told the court that father expired in 2011 and they put up case in 2022, and demanded money.

how should I handle the case, pl. reply.

Read more at: https://www.lawyersclubindia.com/experts/will-father-750651.asp

Querist : Anonymous (Querist) 03 July 2023
This is the latest judgement made by magistrate on 3rd July 2023.

Plaintiff/ daughter has filed the suit for partition against her brother/defendant no.1 and her sisters/defendants no.2
and 3 in respect of the suit property bearing No. Double Storey, Kalkaji, New Delhi which was admittedly in the name of
the deceased father Late Sh.Bhim Sen, who admittedly expired on 10.12.2011. The mother of the parties admittedly expired on 05.08.2013. The stand of the plaintiff is that the father Sh.Bhim died intestate and therefore, the plaintiff has claimed her rights in the suit property. Ld. Counsel for plaintiff submits that plaintiff has apprehensions that defendant may create third party interest in the suit property and submits that the same is being used as a commercial premises by the defendant no.1/son.

On the other hand, the application is strongly opposed by the Ld. Counsel for defendant no.1 submitting that
the father Late Sh.Bhim Sen had executed a Will dated 15.06.1995 whereby the said property was bequeathed in favour
of the mother Smt. Bimla Rani and after her death, the said property stood bequeathed absolutely in favour of defendant no.1
At the stage of deciding the application under Order 39 Rule 1 and 2 CPC, the first and foremost question which is to
be considered is whether the plaintiff has prima facie case in her favour. Since the plaintiff, in the plaint, has taken the plea that father died intestate and defendant no.1 took the stand that father executed the Will dated 15.06.1995, the defendant no.1 was called upon to produce the said document i.e. purported Will dated 15.06.1995 in original.

On carefully examining the said purported Will dated 15.06.1995 which is an old torn document of the year
1995, prima facie it appears that the Will dated 15.06.1995, produced by the defendant no.1 was executed by Sh.Bhim
in favour of the defendant no.1 in respect of the suit property, therefore, in my considered opinion, the plaintiff has failed on the first requirement for grant of interim relief i.e. prima facie cae.

Therefore, considering the totality of the facts and circumstances, interim application moved by the plaintiff is
dismissed.

However, it is made clear that nothing stated herein shall tantamount to expression of any opinion on the final merits
of the case which shall be decided after leading evidence and full fledged trial.

Amended memo of parties is filed by the plaintiff. Written statement is filed by the LRs of defendant no.2. Time
sought by plaintiff to file replication to the written statement of LRs of defendant no.2.

Put up for completion of pleadings, filing of affidavit of admission denial by both the parties and framing of
issues on 16.09.2023.

ADJ-02(SE)/District Courts, Saket,
New Delhi/03.07.2023

Please suggest what should I do next
Thanks & regards

Querist : Anonymous (Querist) 06 July 2023
This is the latest judgement made by magistrate on 3rd July 2023. Plaintiff/ daughter has filed the suit for partition against her brother/defendant no.1 and her sisters/defendants no.2 and 3 in respect of the suit property bearing No. Double Storey, Kalkaji, New Delhi which was admittedly in the name of the deceased father Late Sh.Bhim Sen, who admittedly expired on 10.12.2011. The mother of the parties admittedly expired on 05.08.2013. The stand of the plaintiff is that the father Sh.Bhim died intestate and therefore, the plaintiff has claimed her rights in the suit property. Ld. Counsel for plaintiff submits that plaintiff has apprehensions that defendant may create third party interest in the suit property and submits that the same is being used as a commercial premises by the defendant no.1/son. On the other hand, the application is strongly opposed by the Ld. Counsel for defendant no.1 submitting that the father Late Sh.Bhim Sen had executed a Will dated 15.06.1995 whereby the said property was bequeathed in favour of the mother Smt. Bimla Rani and after her death, the said property stood bequeathed absolutely in favour of defendant no.1 At the stage of deciding the application under Order 39 Rule 1 and 2 CPC, the first and foremost question which is to be considered is whether the plaintiff has prima facie case in her favour. Since the plaintiff, in the plaint, has taken the plea that father died intestate and defendant no.1 took the stand that father executed the Will dated 15.06.1995, the defendant no.1 was called upon to produce the said document i.e. purported Will dated 15.06.1995 in original. On carefully examining the said purported Will dated 15.06.1995 which is an old torn document of the year 1995, prima facie it appears that the Will dated 15.06.1995, produced by the defendant no.1 was executed by Sh.Bhim in favour of the defendant no.1 in respect of the suit property, therefore, in my considered opinion, the plaintiff has failed on the first requirement for grant of interim relief i.e. prima facie cae. Therefore, considering the totality of the facts and circumstances, interim application moved by the plaintiff is dismissed. However, it is made clear that nothing stated herein shall tantamount to expression of any opinion on the final merits of the case which shall be decided after leading evidence and full fledged trial. Amended memo of parties is filed by the plaintiff. Written statement is filed by the LRs of defendant no.2. Time sought by plaintiff to file replication to the written statement of LRs of defendant no.2. Put up for completion of pleadings, filing of affidavit of admission denial by both the parties and framing of issues on 16.09.2023. ADJ-02(SE)/District Courts, Saket, New Delhi/03.07.2023 Please suggest what should I do next Thanks & regards

Read more at: https://www.lawyersclubindia.com/experts/will-father-750651.asp

Sudhir Kumar, Advocate (Expert) 19 August 2023
when one side of claimants is willing to sign NOC then why should you avoid (unless you have some facts to disclose).

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