civil Dispute
girishankar
(Querist) 13 January 2010
This query is : Resolved
Dear Sirs,
My father died on Jan 1996 . My mother died on 1992. I my father ,my wife,and my childrens were living in our house which one is self earned of my father. I got 2 elder sister and two younger sister who are well settled. They all got married before 1986. my father suddenly fell sick and got admitted in a Hospital .So I asked them to stay with me for a help till my father gets fine. My father wanted to write will with the help of our family friends which was well known to all my sisters . So He wrote in the hospital a Will stating that the Money deposited in various banks and deposits will go to mysisters and the only Dwelling House we were living in favour of the only son thats me. My stated that he had illegal affair with a lady when mother was there and taht lady passed awy before my mother. she had three Childrens and for them also my father did all sorts of needfull.The will was unregisttered one.
Before I finish my fathers last rigths Suddenly my sisters and there Husbands started blackmailing me and sent a lawyer Notice stating that I hav deprieved them by fabricating a forged will and went for a partition Suit .
I consulted my lawyer and filed the will for Probate and it was Converted into TOS.
From side my fathers frnd and others including me deposed in court that the will was written by father .
Sudenly the y brougth a petition that my fathers concubine son was also is need of a Partition who never appeared in Court. and it was also noted by counsel in court records.
The Trial was wantedly draged by them up to 2001.
The Single Judge one fine day he resrved the Judgement with out mentioning the date. After a year When Honarable Judge one week before his retierment Prnounced Judgement. Stating that The will has minor discrepcencies so I am allowing the partion of 1/8th shares. I went for a Apeal for the bench.
In the Bench the Trail started and it Prolonged up to 2006.
The honarable bench Judge reserved the Judgement ,After 8months one month before his retirement he pronounced the judgement stating that the Single Judge mistakenly taken that the Concubine son was a secon wife of my father there could not be given any share. He didnt consider the Will or the Deposition given by the witness and even Sec 23 of Hindu Succession Act{special provision for a Dwelling House} came in to force on 2004 Amendment that is Ommision of sec 23 is applicable even for pending Cases so there is 1/5 of Partion is applicable.by 2007
Again I went for SLP in Supreme Court on 2007. After two years i:e on 2009 before the retierment of the Judge the same Judgement given by lower Court was repeated with out going thru my Pleadings.Stating that they got equal rights 1/5 share as per 2005 law even though the Suit was filed on 1996 Pending case is also applicable and they can go for new partion Suit. Totally they did not go whts there in the will.
Mean time Now my sisters Approched the HC and Order on previous case which was filed on 2007 to appoint a Advocate commisioner to part the House in metes and Bounds.
Please any one guide me wht further Step to be taken by me to Prove the will and safe gaurd my only House.
Whts Retrospective act pl explain me If U ppl can.
If ther is any Judgements or law related to my matter pl send the same ASAP.
The will was Prepared by our fmly friend one Advocate Notary Public
and she was also been examined.
Please Save me and my family
R.R. KRISHNAA
(Expert) 13 January 2010
I don' t think a will having minor discrepancies could be rejected in toto. There must be something seriously wrong in the will and only on account of serious suspicion and errors, a will could be rejected. I think in your case the will is not valid and seems to have been written under suspicious circumstances or for instance written during hospitalisation of your father. It may have been a ground to reject the will. Only after reading the judgments of all the courts above we can provide you a good opinion.
I think as you have lost before the supreme court itself, it is advisable to settle the dispute with your relatives by paying them money in alternate to share in the house. Anyhow lets see what other experts have to say.
