ammendment in plaint
anil gopala rao
(Querist) 18 January 2010
This query is : Resolved
hello sir
my father has purchased property 1972 in his brothers name who was unmarried and died 1997 by the time my father was with me in us ,meanwhile one of my uncle who is in india has made forged unregistered will and clims that the property belongs to him one of my fathers friend infromed us about the forged will .
when my father back to india 1998 he failed suit for partition . last week i came to know that handwriting expert send the report to the hon'ble court in that report admitted signature is not matching with disputed signature.
my question is now can we am mend the plaint for declaration .
or
i have to go with fresh suit .
based on the handwriting experts report can i put crminal suit ?
best regards
anil g rao
adv. rajeev ( rajoo )
(Expert) 18 January 2010
no, not necessary to file seperate suit for declaration, everything will be decided in the partition suit. You can file a ciminal case against your uncle, wittnesses to the will and scribe of the will
sanjeev murthy desai
(Expert) 18 January 2010
Please clarify some clarifications as follows?
1. Why your father purchased that property in the name of your brothers?
2. Wheather your family is joint family at the time of Purchase that property in the year 1972.
3. As per Hindu succession your uncles and your father have the equal rights in the property.If he created forged said will that is cannot lossed his property claiming rights.As per your issue he has the right but why you want to amend the Partition plaint.
4. Who is the testator in that Will and who are signed as the Witnesses? and Witnesses are still alive or expired. If Witnesses are alive there is no require to prove that Will under experts opinion.
5.If the subject sale deed in the name of your uncles names why joint owner (another uncle) created forged will.
6. Can he claiming the full extent of that property under forged will?
Person who is created the will cannot bequethed himself as a beneficiary under his will. So there is some thing in your issue. Then only i can answer clearly.
anil gopala rao
(Querist) 18 January 2010
hello sir
i would like clarify .
1>.my father has few more property in his name in the same area so he purchased one in his brother name .
2>.no we are not joint family at the time of purchase.
testator was my edler uncle who himself filed suit for partion for his fathers property to his younger brother .
during the pendency of the suit he died intestate ,but this younger brother fabricated a will during the pendency of the suit which filed by my elder uncle.
6>. yes he is claiming the full extent of that properrty
anil gopala rao
(Querist) 29 January 2010
thank you for your timely response
regards
agr
