madhan raj (owner) 05 February 2012

Onlyson law

) P1 father died in 1950. P1 died in 1992 he was only son of his father. D1 was born in 1943 and D1 died in 2003 he was only son of P1 and P2 married in 1964 And P3 married in 1974 are daughter of P1 and P1 had a second daughter by name Hemavathi married in 1970 whose L.Rs have come on record on their own as D34 to D37.

P1 wife and mother predeceased him and P1 wife and mother died before filling the suit for partition. D32 and D33 are sons of D1 and grandsons of P1 and D38 wife of D1 and D2 to D31 are tenants. P2 and P3 and D32 to D37 are not entitled to any share of P1 separate property As per Mysore Hindu law women’s rights act 1933. P1 separate property passes by succession to his only son D1 as a single heir As per Mysore act.

As per Hindu Succession Act, 1956 sec 5, Act not to apply to certain properties. This Act shall not apply to- (ii) any estate which descends to a single heir by the term of any enactment passed before the commencement of this Act. As per Section 7(2) of Mysore Hindu law women’s rights act 1933. P1 separate property passes to D1 by succession as a single heir.

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madhan raj (owner) 05 February 2012

2005 act

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Rudolf Rodrigues (Executive) 06 February 2012

Dear learned lawyers,

I am a Roman Catholic from Karnataka. My father was entitled to a share in the ancestral property, for which he made a relinquishment deed in favor of his brother. Later on my father's brother made a Will saying that he is bequeathing my father's share which he had relinquished back to my father. But, just before my dad's brothers death, his son forced him to make another will in his favor thus making the earlier will redundant. My father kept queit for 10 long years thinking that he had no claim by virtue of that latest will. Just recently it has come to our knowledge that the latest Will has a forged signature of my dad's brother. Also, my dad's brother's son had not gone for probate which was legally binding for Catholics until 2008. Now with this forgery and not going for probate is there a good chance for my father to reclaim his share of the property back from his brother's son?

Thanks in advance,

Sincerely,

Rudolf R.

Chaitanya_Lawyer_Mumbai (Lawyer) 07 February 2012

you go for the probate of previous will made by father's brother.

Rudolf Rodrigues (Executive) 08 February 2012

Thanks for the reply Chaitanaya sirji!

But, in the presence of a final (forged) will which has not been probated, but property transfered; and also now since probate for Catholics has been abolished would it be the right way out to go for probate of the second last Will?

Your valuable reply will be highly appreciated!!

Thanks!

Sincerely,

Rudolf R.