can we challenge registered will in court and what chance are of winning


I live in my grandfather house but the name is on house bill is of my elder daddy brother , because my daddy was small when my grandfather expired, so he put his name in the house, so know my daddy and my elder daddy brother both are expire, but my elder daddy have 2 son's so they ,claim that full house is there both brothers, because there father have put there name in house, and also they claim that , there father have written will in which he have clearly told that this full house is of my 2 son's only , and no other person has any rights, but currently me and my mother are staying in house my mother is staying for 43 years, and this house is very old from my grandfather time, we have id and address proof of same address, actually we were unaware abt will ,they have keep quite for long time nearly 24 years , now they are saying when your mother will die then we will take the house and put u on road so can civil court help me in this
 
Reply   
 

u file civil suit for partition in civil court for Ur father's share after Ur grand father died his two sons became legal successors. urelder daddy brother cannot give Ur father's share to his sons sons thru will. uhave to file civil suit with u&Ur mother.
 
Reply   
 



Thanks for reply They told me once that they can emty my house in one hour, and even going court will not help u , if they do something like try to emty my house what should I do first, and I am a graduate can I fight my own case
 
Reply   
 
Retired employee.

Do not jump into conclusions without knowing the law and facts.  First issue a notice through a competent advocate and let them reply to the notice.  Only then you can study the case.  Partition suit is not that simple as you presume.   Let professionals perform their duty, as they are experts.  You may not be knowing the practical difficulties in fighting your own case, and you will become  frustrated and has to lose your mental balance to save few thousand rupees..

 
Reply   
 

if I issue a notice for civil suit for partition , and if they came to my house with Gunda mawali for vakete my house , so what can I do at that time , can police will help me , and my advocate will come in between , in this situation what should I do
 
Reply   
 

If such incidence happen you can always complaint to police. Police will definately help you.

 
Reply   
 
Scientist/Engineer

You can pray to the court for an interim injunction against your forcible eviction. Do it stealthly.

 
Reply   
 

Name shows that you may be Muslim so Sharia applies for you.so contract advocate before stepping court.islam doesn't recognises ancestral propertyor joint family.status.
 
Reply   
 

In Islam will is recognised for 1/3portion only if he writes entire property then lrs consent is necessary.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu