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V Subba Reddy T   06 January 2020

un registered will

sir

my grand father is having self aquired house site. my aunty has gifted that property to her relative in 2009, stating that she got that property through un registered will from my grand father in 1970. now we filed civil suit in court on the gift receiver. they filed Xerox copy of the unregistered will , the copy contain
finger print of my grand father, and witness by my father, now my aunty and my father died.



is the will valied if the finger print of my grand father is tallied with his earlier finger prints.
requesting your advise


tvr


Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 January 2020

1. Matter of 2009 against Gift Receiver is Time Barred for litigation purposes..

2. Finger Print of WILL maker can be proved ONLY by Foresenic experts, that too only on orders of Court.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     07 January 2020

Att this point of time, when there is a court case, the decision is left to the Court to decide validity on facts.  Please seek your advocate guidance on all the points to be raised by him befoe court through petitions for maintaining the case.  If there is a fraud or that document was discovered as suppressed from other legal heirs, your advocate can argue for the commencement of limitation from the date of knowledge or discovery of such document or knowledge of sale etc.

Real Soul.... (LEGAL)     07 January 2020

The roriginal will shall prove the things, if there is no original will then everyone would share as per the succession...

Dr J C Vashista (Advocate)     08 January 2020

There is no challenge of the will since 1970, what is the problem at this stage/ time?

It is appropriate to consult a local prudent lawyer for appreciation of facts/documents, professional advise and necessary proceeding.


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