to declare the rights of willed property during chief examin


Suit is against mother's Will in favour of younger son by the elder son.. younger son and 2 sisters are defendants... DF no. 1 evidence is completed.. will has to be proved by DF no 1 and he may or may not succeed.. the 2 defendant sisters want to declare in chief examination that thir share is given to DF no.1 whatever the judgement and then give application reg the same to be affected during the decree.. Is this possible?
 
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Retired employee.

On receiving an application from the party, the court has the powers to decide the issue on the basis of material available on record to cut downtime for vexatious proceedings.


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Thanks for reply.. The plaint for partition saying that the Will is false making me & my 2 sisters as defendants.. Manipulation of witness and PO is visible.. If Will is not proved then the property will be partitioned to 4 parts. Prempting such situation my 2 sisters want to declare their share to me during their evidence stage itself so that only one part is decreed to plaintiff and the remaining 3parts to me.. How to do this before start of my sisters evidences..
 
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Retired employee.

If the will is genuine, forget all other imagined situations and treat them as threats.  If the will is genuine as it is in writing, there is no question of oral evidence can make it false.  But the will is fabricated, first take care that amounts to fraud and forgery and it becomes a criminal offense.


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Retired employee.

Even if it is treated that will is genuine, whether your mother is competent to write such will and has powers is another issue to be decided by the court, depending on the facts in the case.

When the matter is in court and when a  paid advocate is handling the issue,, do not be disturbed by doubts/suspicions.


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Advocate

".............the 2 defendant sisters want to declare in chief examination that thir share is given to DF no.1 whatever the judgement and then give application reg the same to be affected during the decree.."

"Prempting such situation my 2 sisters want to declare their share to me during their evidence stage itself so that only one part is decreed to plaintiff and the remaining 3parts to me....."

Prima facie, you concede that the will is not genuine. If the suit is decreed for partition, your sisters can relinquish their share through a registered deed. But that aspect has no nexus with your defense based on the Will written by your mother.


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Thanks a lot for the replies ...

I have to proove from the witness that the will was done by my mother in sound mind, upon own will, signed in front of witness and along with witness on will as well as in registrar office. The witness was with me so far and recently is avoiding me and hence I doubt that he is been manupulated by the plaintiff. My sisters are now with me but are sick, senior citizens and reside out of state far away and hence, when years go by anything can change and there fore, I thought of getting their application passed now to avoid complications in future if it will not hurt my case and with careful draft of application... Any further opinion sir,s...

 
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What alternatives if the witness dosent turn out or fails me...

 
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Retired employee.

Do'nt harbour any fears and assume things.  The witness part is upto the point that will was signed before him, and the signature was only his.  That is all.  It is the other party to establish with an expert's opinion that she is incapacitated to execute the will or signatures are not genuine.  That will witness is not your witness and you need not call anyone on your behalf. Let those who allege prove what they want with expert's opinion.

 
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