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Varun   06 August 2016

Will related

My grandfather relinguished/bequeathed by way of registered will in my name(grandson) with witnesses.One of the son(my taaya ji) of my grandfather have played fraud with all his brothers by producing an unregistered forged will without any witness along with affidavit and request letter in the municipal corporation for mutation purpose(for entering his name in the propertytax,housetax bills) in 1980's. We have a copy of those documents and one of the brother agreed and accepted this fraudelant activity and can act as a evidence and witness.Currently all the brothers are staying and in possession of their property.

Now in the year 1990's he (taayaji) filed a suit for partition in the court of law of delhi
clubbing all the properties (delhi and other states) giving a touch and ground of ancestral
in nature and requesting for partition and taking jurisdiction of delhi.Here in the plaint
he again presented another third will in his plaint which is unregistered and having two witnesses.
But during his cross examination(my taayaji) he accepted that both the will->One which was made in 1978 and  unregistered and submitted in the high
court of delhi and another made in 1978 without any witness submitted in the municipal corporation for mutation purpose
are valid.

So i have following queries to be answered:

1) I want to evict them from my property along with charging them for rent since they occupy my property.How strong is my case for contest and justice?
2) Should i file another suit in the state where the property belong and jurisdiction lies or should i wait for judgement of honourable court based on the above evidence and acceptance by taayaji in front of court of law and can evict them from my property based on judgement.

Please advice.



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 August 2016

Sir, 

 

If your will is registered and genuine then you file the case on your behalf for probathing that particular will and get it probated. 

I feel the property of your grand father is self acquired, then how come your tayaaji is claiming partition. 

If you are sure that other two will used by your tayaa ji are false and forged then file criminal case of forgery agaisnt him. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     06 August 2016

The Last valid WILL prevails.

There seems to be some mismatch/error!

 

You have posted that :

 

"during his cross examination(my taayaji) he accepted that both the will->One which was made in 1978 and  unregistered and submitted in the high
court of delhi and another made in 1978 without any witness submitted in the municipal corporation for mutation purpose are valid."

 

"based on the above evidence and acceptance by taayaji in front of court of law "

 

What exactly you want to convey about acceptance by your Taayaji; Subsequent two WILL are Valid or invalid?

 

If your Taayaji has accepted on record before court of law Subsequent two WILL are invalid then may amount  to admission of fraud/forgery. Rest is to be decreed by court.

 

What is decided by court?

How can MC act upon a WILL that is not witnessed?

 

 

 

 

 

 

 

Varun   06 August 2016

@kumar  Doab : if possible can we discuss on phone. I want to discuss the matter in length.

Kumar Doab (FIN)     06 August 2016

Regret I am not available for lengthy discussion by phone/emails.

You may post in this thread or if conducive you may send a PM.

I shall try as much as possible, within contraints of time, understanding and other occupations.

Sonia malhotra   07 August 2016

You can file a suit for the decleration of the will produced by your taayaji as null and void on the basis of being forgedand fabricated and criminal case for forging the documents. There afteryou can even claim for damages for using your property under the garb of forgedwill Sonia malhotra 9953611602

Sonia malhotra   07 August 2016

You can file a suit for the decleration of the will produced by your taayaji as null and void on the basis of being forgedand fabricated and criminal case for forging the documents. There afteryou can even claim for damages for using your property under the garb of forgedwill Sonia malhotra 9953611602

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