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Rhea (QA)     01 June 2011

Only the xerox copies of the Will is found

Hi,

After my grandfather's death (who has 2 sons and 3 daughters ) , 3 xerox copies of the will was found which are exactly same . The property is divided only to the 2 sons and none to the daughters. But since the original is not found nor the will is registered, is it possible for the daughters to claim share in this property.  

And also both the sons are staying in the same house which is the only property of my grandfather, is it true until they both decide to divide the property among themselves the daughters cannot claim any share?

Please advice me on this.

Thank You.



Learning

 4 Replies

prabhakar singh (advocate)     01 June 2011

IF LOSS OF ORIGINAL CAN BE PROOVED TO THE SATIS FACTION OF COURT XEROX COPY SHALL BECOME SECONDRY BUT ADMISSIBLE EVIDENCE AS PRIAMARY IS LOST.

WHEN HINDU DIES WITHOUT HAVING TESTATED A WILL IN HIS LIFE ,HIS PROPERTY DEVOLVES UP ON HIS SONS AND DAUGHTERS AND WIDOW,IFANY,EQUALLY WITHOUT ANY GENDER DISCRIMINATION.

SONS MAY ENJOY JOINTKY

1 Like

Rhea (QA)     01 June 2011

Sir,

Thanks for ur reply.

Continuing my question,            On a xerox copy addressed to the eldest son, there was a letter stating that the original is with one of the daughters, but that daughter now denies and says she has only a xerox copy. But this letter was written in pencil, can this be of any use. (she may have destroyed the originals now)


(Guest)

Xerox copy is secondary evidence  and if all agree(including your daughter ) with these then its admissible but if they dont accept this one then it cant be consider as original document.

prabhakar singh (advocate)     02 June 2011

Even pencil letter will do provided its hand writtin and sign is prooved.

Next point, write her a letter rquesting her to send you a scan copy of the xerox copy she has via email to you.

If email comunication not possible ,request her to send the copy of that xerox by a registerd post. keep the comunication safe as if the two copies one with you and other with her interse tally,you may suceed in provingthe existence of original.

If you fail to pre plan,they may not admit existence of will before court or may set up togather some other will exclusively favourable to them.


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