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Anup bhatia (service)     24 October 2009

Registered Will

I am having a registered will in my name given to me by my granmother who is a co-owner of the property, I am currently in possession of. Both my grandmother and grandfather, the property owners have died . My father and and his brother are fighting a case in court over the succession. What is the best thing to do for me in this situation. The registered will in my name is the last testament of one of the co-owners of the property.



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 5 Replies

R.R. KRISHNAA (Legal Manager)     24 October 2009

You can make yourself a party in the proceedings that is pending between your father and your brother and file the will in the court and assert your rights.  Or   You can file a suit for declaration that you shall be entitled for the benefits under the will before the civil court.

 

If the property stated in the will is a city property as notified in the Indian Succession Act, I suggest you to apply for probate of the said will and thereupon after obtaining the probate order, you become the right holder of the property stated in the will. 

 

But as you say that your grandma is the co-owner of the property your rights which will be granted by the court shall be limited to the extent of the rights possessed by your grandma in the properties stated in the will.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     24 October 2009

I AGREE WITH KRISHNA LEGAL

M Satyanarayana (Stenographer)     24 October 2009

My Mother died 10 years back  without levaing any will at that time my sister after my mother's death created a false and forged will to grab the property in my mother's name. I challenged the Will and filed a partition suit. After managing the forged will my sister succeeded decree in her favour. I approached now High Court and got stay order and also injunctiuon order to maintain status quo. Even though I got status quo my sister managed to construct 3 storied building.

Now can i claim my share as successor to my mother's property.

Adv Archana Deshmukh (Practicing Advocate)     24 October 2009

If inspite of the stay order and status quo they made the construction you can go for contempt of court against them. If the court decrees in your favour you can still get your share.

M Satyanarayana (Stenographer)     27 October 2009

I and my sister are only heirs to the property in question. My sister created a false and fabricated will. My sister by holding the false and fabricated will she has dragged for 15 years from Civil court to High Court  and she is occupying the property. All through the lower court to High court  the litigation is gooing on.  When the will is fradulently and malaciously created to preempt me as a lawful heir to the property. Under law what remedy is open to me and what verdict will the High Court pronounce on such fabricated Will. She has also constructed house and enjoying the benefit for the past 15 years on the other hand I am deprived of my lawful right even though I am sole heir to my mothers property. I am anxious to know what will be the Court's verdict either in my favour and court will recognise false and fabricated will. I can get justice ?  Till date the fate of the so called will is neither examined by the court nor Court has asked to deposit the same. It seems court never cared to scrutinise the Will in question.

I am at loss to under the process of judiciary. Can I be enlightened on this issue. Is it possible to get my lawful right to property at this stage even though after long time. What the Court verdict will be and what is the remedy for me to retrieve my lost property to my sister. 


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