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Tarun Sharma (BA)     22 April 2013

Partition civil suit

There is a registered will in the name of my eldest brother made in the year 1975 by my grandfather who passed away in the year
 1984.This will is having two witnesses-One witness is still alive and another has passed away.Soon after the death of
my grandfather my taaya ji presented another will which is unregistered and made in the year 1978 with witnesses-one witness is no more and other
is still alive. In the year 1988,my taayaji presented one more will in the municipal corporation for mutation purpose
and this will doesnot have any witness.We tried to get the certified copy of the will from the municipal corporation  but
municipal corporation people saying that they donot keep records which are too old.

My taayaji clubbed all the properties in different places(states) and filed civil suite in the jurisdiction of delhi
for partition.The stage of the case is cross examination is going on of Taaya ji wherein he agrees that both the wills
(one which was made in 1978 and  unregistered a submitted in the high
court of delhi and another made in 1978 without witness submitted in the municipal corporation for mutation purpose
are valid).

My Questions pertaining to the above as follow:
1) which will shall prevail-registered or unregistered?
2) How can we challenge the will to prove fraudalent will of taaya ji?
3) What are the revelant documents required to prove that our(registered will) is correct?

Please feel free in case of any query and please also provide your contact details so that we can contact you.I live in Delhi




 



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 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 April 2013

 

The will on which there are no signatures of witnesses is not valid.

Registration of a will is optional. The last will which is valid will prevail. The will should be signed by the testator and the witnesses. The witnesses to the will should be examined to prove the will. Other than this, exactly how to challange and how to prove etc things are case specific and depends upon facts and circumstances of every case.

Adv Archana Deshmukh (Practicing Advocate)     22 April 2013

The will on which there are no signatures of witnesses is not valid.

Registration of a will is optional. The last will which is valid will prevail. The will should be signed by the testator and the witnesses. The witnesses to the will should be examined to prove the will. Other than this, exactly how to challange and how to prove etc things are case specific and depends upon facts and circumstances of every case.

Tarun Sharma (BA)     23 April 2013

Mam i need to discuss more about the case.Can i have your contact details so that i can talk to you to initiate further.

vipul gupta (a)     23 April 2013

i had purchase one property in delhi in 2009 . in 2012 i had received a letter , this letter issue by property register office to submit bank noc with in 7 day , but i could not submit bank noc within 7 day . after one month i had again received a latter for cancellation of registration. plz tell mei what can i do in this situation

Tarun Sharma (BA)     25 April 2013

Can anybody assist me in getting a good lawyer in Ghaziabad(UP) bcoz i have to file a civil suit(Will Related)in the Ghaziabad district court.


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