Will case
s v desai
(Querist) 30 September 2015
This query is : Resolved
My mothers brother (age 84)died in the year 2011. He was living in our house from 20 years as his wife died in the year 1993. Myself and my mother were taking care of him. The couples not having any male/female children, no brothers.
His ancestral property was looked after by a farmer from last 2 year before death. The farmer who is looking after my father in laws land taken signature on a bond paper when he was in the hospital and made a will deed.
In that will he mentioned that he himself was taking care of my father in law like his hospitalisation, food shelter and all of his requirements in his home. Due to this my father in law was happy and hence he has made will on my name.
so he filed a case in civil court that my mother is opposing the mutation of land on this farmers name.
My mother attached the documents like voter Id, hospital admission and discharge reports, death certificates etc. to prove that his brothers is living with her and all the hospitalisation food shelter was given by my mother
Now the case is in witness stage. Kindly give some suggestion & what will be the future od this case.
Kumar Doab
(Expert) 30 September 2015
Has you lawyer examined the bond paper/WILL deed?
Do you have its certified copy?
Is it a valid WILL according to your lawyer?
What exactly is the case?
On strength of what and which document he is laying claim to the property?
Some agreement/loan/debt/advance/ etc (say for hospital expenses) or WILL?
If you are Hindu and there is no surviving ClassI legal heir of the deceased and if he has not given away his property in his life time by a valid deed then ClassII legal heir shall a claim. Your mother is ClassII legal heir.
If the WILL is extracted under under coercion, undue influence then it can be contested.
Rajendra K Goyal
(Expert) 01 October 2015
If the claim is made on the basis of the will, oppose the claim. Primarily property / Land can be mutated on the basis of will and not on the basis of who took care.
P. Venu
(Expert) 01 October 2015
Does the query relate to your mother's brother (who had no children) or father-in-law (wife's father)?
Kumar Doab
(Expert) 01 October 2015
Hope you would also not mind to clarify of mother's brother and father in law is one and the same person!
Rajendra K Goyal
(Expert) 01 August 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Fraude-case-649671.asp
http://www.lawyersclubindia.com/experts/Is-this-will-valid-649711.asp
http://www.lawyersclubindia.com/experts/Will-case-649666.asp
http://www.lawyersclubindia.com/experts/Registration-of-death-649536.asp
Kumar Doab
(Expert) 01 August 2017
Why to repeat and so many times?
