Dear Sir ,
I would like to seek an experts advises /Suggestion from this forum as i see very good & helping suggestions /guidance from the legal fertinity .
1) Case filled as property bought from ancestral funds after selling jewelley brough in partition(1947 India -Pak) , Property bought in 1972 .
2) Brother says , I have bought from property in the name of mother by his own funds , as i was saving money since 1962 from his service .
3) As propoerty was in name of Mother , She has done the registered WILL in year 1988 to his one Son .
4) After mother death Yr 2004 , son get the property muitated in his name by the way of WIL and mother death certificate .
5) Now in Year 2012 case was filled by one brother and one sister for partition the property ,stating that the propoerty in ancestral and bought from ancestral funds earning after migrating from pakistan by Grand father .
6) We argued that WILL has been registered and propeorty has been transfered to one SON , now they have challanged the WILL in court stating that it is fake and fabricated by son .
7) Further states that , mother cannot write the WILL as she doesnt any rights to write a will , being property ancestral in nature .
8) Son sifted to suite property in year 1979 , since then living with his own family till date .
9) Other brother is living in partent house and daughter in own house .
Please suggest what is the nature of case , how things will move , sons favour ,
10 ) Also with the latest amendment of daughetr right in ancestral property applicable when father is alive , will help in this case .
Plantiff havent produced any documents till dates , Please suggest me , I will be highly thankful to the team here .
Case has been transfered to HC to kardooma court.
Regards
Priyanka