probate case
Querist :
Anonymous
(Querist) 21 June 2011
This query is : Resolved
Sir,
A property dispute has been going on amongst three legal shareholder since 16 years and a number of police complaints as well as applications moved by the involving parties to various authorities about this dispute. Now, on filing a suit for partition case by by a legal heir, one of the legal heir now claiming in the court that he has valid Will and as per the Will he is absolute owner of the property. The Will is unregistered and the property situated in Delhi. Please clarify the following points:-
a) Can the above said Will, be considered as valid legal document,
b) Whether the above said Will comes under the clause 'time barred' keeping in view of aforementioned facts, if so pl. quote the recent judgement of Supreme Court or High Courts on this subject matter.
Guest
(Expert) 21 June 2011
it can be a valid document and it is a testamentary succession. But the holder/beneficiary has to prove the genuineness of the document before court of law.
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prabhakar singh
(Expert) 22 June 2011
yes, IF the holder/beneficiary proves the genuineness of the Will document before court of law removing all doubts casted on Will.
