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Nitin Kotian (Advocate)     08 February 2013

Legality of a will

Sir,

My Client is the youngest married son  alongwith 3 elder married sister. Both the father and mother are dead. My Client is staying in a flat of a co operative hsg society. Now the situation is its in the joint name of all 3 sisters and 1 brother. The maintanence bill is received in the name of the elder sister.

Its been around 3 years now the situation is that one of the sister has suddenly emailed a scanned copy of the will stating that it mentions that the flat only belongs to the 3 sisters only. Now all 3 sisters  want to evict my client. My client states that he was not aware of any such will being made and he fears that they have made a duplicate will to take possession of the flat.

My client states that he has already made an application to the secretary of the society that he be informed if his sisters make an application to make the will.

Can I take the following steps.

1)   Making an application to the society secretary again to infrm us any such application is made by sister.

2)   What is the Limitation period for execution of the will.

3)   Asking the Original Copy of the will and checking the handwriting on some other document and the signature of the will by filing a suit in some court.

 

Alternatively pls let me know any other steps I can take to safeguard my clients interest.

 

Regards,

 

Nitin Kotian



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 1 Replies

SRISHAILA.DHARANI (Advocate&consultant)     08 February 2013

Hi Nitin,

Simply those sisters can not evict your client.They have to approach the court for eviction of your client, on the basis of will, that has to be proved, by examining attesting witness, thereafter they court will evict your client.

You can file the complaint to the poslice station near by , against the sisters, for harrassment etc.

You client need not approach the court, seeking relief.Let the sisters approach the court in this regard.

srishaila,advocate,bangalore,sdharani120@gmail.com


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