devesh (owner) 07 May 2011

Dispute over maternal grandmother property between mother

Hi
I need youe sugeetion on a property dispute between my friends mother and her Uncle.

Here is the case :
My friends Mother and her uncle (Mother's brother) having dispution their Mother's(Meternal Grandmother of my friend) property (Which is originally named to my friend's Mother's name). But some how his uncle(Mother's brother) produced another WILL(Illegal one which we know but not able to prove it) putting every things on his name.
Case is running from last couple of years, but from last 25 hearings my friends uncle(Mother's brother) is not turning up at Court.

Can we do somthing on that part and also how we can use this contempt of court act in our favor.

Thank you!
Awaiting for all your valuable comments ...

Devesh

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 07 May 2011

What is the current stage of the case? who has filed the case? If the maternal uncle is the plaintiff, depending upon at what stage the case is, the other party can pray for dismissal of suit.

devesh (owner) 07 May 2011

Thank you for the reply!!!

Well at present Court ask us to produce the Both the Will (Ther r two wills)1. Maternal Grand mother's and Maternal Grandfather's Will of the friend.(We have both of them). I have to double check regading the Plaintiff.
But still if we have field the case then what are the options we have to encounter Maternal uncle.

Thanks

Adv Archana Deshmukh (Practicing Advocate) 07 May 2011

It all depends upon stage of the case, whose evidence is going on, whether the other party's evidence is closed etc etc.. you better speak to the lawyer of your friend's mother, he will guide you better as to what can be done. When the facts and circumstances of the case are not clear, it is not proper to reply.