Delay in producing before court- genuity of will
ROJA shree
(Querist) 08 January 2013
This query is : Resolved
The undivided ancestral property inherited from paternal grand father located in Kerala belonged to two legal heir has been trespassed by a third person. WE the legal heirs claimed injunction & it was granted. Still he in occupying , and now he has produced a WILL saying that, it was executed to him to succeed the property, which is neither properly attested nor registered . So we the legal heirs, have strong regardi the genuity of the will
If so my question is, why the WILL is not produced before the Court, at the time when we filed for injunction itself?
He has produced the WILL before Court, only after injunction granted . So we doubt it is forged will.
What defence the legal heirs have to oppose the will and claim property
Advocate Ramesh
(Expert) 08 January 2013
the genuine of WILL should be proved by the defendent. the Burden of proof is with the defendent. So you can raise in court when the will is marked
Raj Kumar Makkad
(Expert) 08 January 2013
You have already told a major point of your defence in your query and apart from that you have all other points to raise like the writing of the will, the description of the property, the difference in signature, the veracity of the witnesses of the will and all other points which you can easily tel while going through such will.
R.venkatesh Naidu
(Expert) 15 January 2013
the will is to be proved by the defendant. the attestor is must for proving its genuinity. you file a petition order 26 rule 9 r/w section 45 of evidence act, for sending the will to forensic science for finding its life and geninity. you may got direction from the high court for speedy trial
