Will period
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
“A” WAS THE COUSIN BROTHER OF MY HUSBAND AND HE WAS BACHELOR . “A” WAS HAVING ONLY ONE REAL BROTHER WHOSE CHILDREN ARE STILL ALIVE . “A” SOLD HIS ONE PROPERTY TO “X” AND EXECUTED AN ATS , GPA ETC IN HIS FAVOUR IN 1997 AFTER RECEIVING ENTIRE CONSIDERATION . “A” ALSO EXECUTED A REGISTERED WILL IN FAVOUR OF “X” IN 1997 . “A” EXPIRED IN 2003 . IN APRIL 2000 BEFORE HIS DEATH “A’ EXECUTED A FIRST AND FINAL WILL OF THAT PROPERTY AND OTHER PROPERTIES AND ASSETS IN MY FAVOUR . IN 2009 “X” FILED A PROPATE PETITION IN COURT . NOTICE WAS ISSUED TO ME .. MY ADVOCATE APPEARED IN THE COURT ON MY BEHALF AND STATED TO THE COURT TO FILE REPLY ON MY BEHALF . THEREAFTER NONE APPEARED IN THE COURT ON MY BEHALF AND MATTER WAS DECIDED EX-PARTY IN FAVOUR OF “X” IN AUGUST 2010 . THEREAFTER THE CHILDREN OF THE REAL BROTHER OF “X” ADMITTED THE SAID WILL EXECUTED BY THEIR REAL UNCLE IN FAVOUR OF “X” AND ACCEPTED THE PROBATE ORDER AND HAS ALSO GIVEN THE NOC IN HIS FAVOUR WITH THE AUTHORITIES . THE CHILDREN OF THE REAL BROTHER OF “X” HAVE ALSO EXECUTED THE TRANSFER PAPERS IN FAVOUR OF “X” . NOW THE “ X “ IS DEMANDING BACK THE PROPERTY FROM ME .
1. HOW CAN I RETAIN THE PROPERTY WITH ME LEGALLY .
2. CAN I FILE THE PROBATE PETITION OF THE WILL DATED 2000 EXECUTED BY “A” IN THE COURT .
3. IS THERE ANY LIMITATION PERIOD FOR FILING PROBATE PETITION AFTER THE DEATH OF THE EXECUTOR AND WOULD MY PROBATE PETITION BE WITHIN LIMITATION.
4. CAN I NOW CHALLENGE THE JUDGEMENT DATED AUGUST 2010 GRANTED IN FAVOR OF “X” ON THE GROUNDS OF LIMITATION OR OTHERWISE .
5. WHAT ARE THE LEGAL REMEDIES AVAILABLE TO BE TO WIN THE CASE .
Raj Kumar Makkad
(Expert) 17 January 2012
1. Why did you permit the proceeding go ex-parte in favour of X if you have last will of deceased in favour of You?
It seems that either you are not having the mentioned will or are lethergic so court has properly decided the case and you cannot retain the properties of the deceased after the pronouncement of the said judgment.
You can still get set aside of ex-parte decree and again bring the suit the stage when you left it so that the judgment may be reversed. Only in that condition, you can retain the properties.
2. You do ad advised above.
3. The matter of your probate has lost relevance in view of aforesaid litigation wherein you kept long sleep and allowed the case decided against you so you have to start your case from the present one decided case as per advice given above.
4. Yes, as advised above,
5. As advised above.
Querist :
Anonymous
(Querist) 18 January 2012
SIR,
MY ADVOCATE IS SAYING THAT SINCE 16 MONTHS HAVE PASSED THE JUDGEMENT THEREFORE THERE IS NO VALID GROUND FOR FILING AN APPEAL . KINDLY ADVISE ON WHAT GROUNDS THE APPEAL CAN BE FILED . REGARDS
prabhakar singh
(Expert) 18 January 2012
Move an application to set aside the exparte decree passed by court along with delay condonation application showing some convincing reason that prevented you form attending the court proceedings.
Querist :
Anonymous
(Querist) 19 January 2012
sir ,
recently it has come to my notice that the "X" has got the judgment dt. august 2010 received from my son and he also got signed from him a compromise papers duly notarised stating therein that he (my son )thereby admit and accept the judgement dt august 2010 and do not have any intention to challenge the said judgement . sir , under the above circumstances can i challenge the judgment and file the appeal and how . regards
Querist :
Anonymous
(Querist) 19 January 2012
the "X" got the comp[romise signed from my son in dec 2010 .
