Registered will

Answer to your point No.1 is NO

Answer to your point No.2 is YES

and Answer to your point No.3 is YES u/s 35 of the Adocates Act as well as under Consumer Protection Act.

Answer to your point No.1 is NO

Answer to your point No.2 is YES

and Answer to your point No.3 is YES u/s 35 of the Adocates Act as well as under Consumer Protection Act.

1. if the property in question is the absoulte property of your grandmother then the WILL stands good, but if the property belongs to joint family property, then the elder son also has a equal share in the coparcenary properties. Since the partition is already pending, your rights, title and interest will be subject to the final decree passed in the said suit.

2. you can file a miscellaneous application to set aside the ex-parte decree in the same court that placed you ex-parte.

3. No Comments.

Thank you very much , my learned friends from the legal profession. Your advice has certainly given me the strength of heart to stand up to the injustice faced by me . 

Thank you very much , my learned friends from this noble profession. Your guidance has helped me to turn around a case which we had virtually lost .

The case now stands as follows :-

We have moved a petition for grant of Probate against the Registered Will left behind by my Grandmother.

The process of sending out intimation ( Servicing) to all the parties in the case has been completed.

The proposed Administrator to the Will has been produced in the court , and she went through the rigorous questioning in the witness box.

The will had two witness , one of whom is deceased. After much persuasion and follow-up , we managed to produce the surviving witness in the court last Monday.He proved his identity , by a valid Voters ID Card. He answered all the question thrown at him , and confirmed that my grandmother signed the will in his presence in front of the Registrar at the Addl.dist court. He also confirmed that my grandmother was of sound mind , and signed the will with full consciousness , without any coercion .He identified her signature, and showed his signature too.

The Judge opined , that the above does not completely prove the veracity of the will. He wanted some more evidence to be provided.

I seek your advice under the following heads :-

1.       When we have produced a Registered Will , and have produced the witness in the court , can the Judge ask for additional evidence ?

2.       What additional evidence can I produce to prove the veracity of the will ?

3.       Is there a threat , that the judge can annul the will , if we fail to produce any additional evidence ?

Dear Sir,

I am married women from Mumbai, living in my fathers house since my birth. My father expired in 2006 without making the will, Right now my husband & myself are staying in this house, and have used this house openly & continiously reside the property exclusively as a caretaker having adverse possession, with the mutual consent of my parents. We are six sisters, all are married in different territories, one of them is expired two years back, left behind his son. Without my knowledge, suddenly they have now insisted me through solicitor to sell the house to get their respective share from intestate property. I have no objection for that, but i have to reply within 15 days to their solicitor. Is any clause to defend myself, or to extend the matter ahead. Please suggest me what reply i give.

Apart from equal share in property among six sisters, can my husband seperately suit to appeal to my sisters to acquire accomodation in same area under bonafide rights?  As my husband is staying in this house since last 28 years after my marriage, with the consent of my parents. He dedicae & devotes his entire life & took care of my parents without any consideration with good faith. He has all valid papers to prove the requirements under bonafide rights, please suggest...

Thanks and regards

Meena  C. Bhatia