Jewellery in partition suit
ramchandra
(Querist) 01 September 2013
This query is : Resolved
who want to include jewellery in partition suit has to give evidence of the jewellery or he can enlist the ornament. who has to prove existence of the ornaments.
adv. rajeev ( rajoo )
(Expert) 01 September 2013
The person who has taken the contentions, he has to prove.
R.K Nanda
(Expert) 01 September 2013
state full facts.
Guest
(Expert) 01 September 2013
Academic query! Without knowing, who wants distribution whether the petitioner or defendant, how anyone can guess your bujharat (quiz)?
ramchandra
(Querist) 01 September 2013
How jewellery can be included in partition suit. The jewellery was with my mother. She was living separately. she had made draft of will and given to our sisters for checking but will could not be materialized Afterwards due to oldage my mother was staying with me and mentioned in her will the ornaments were already handed over to my sisters. The will is challenged by sisters. The ornaments are not with me in case my sister include the jewellery in the partition suit on the basis of earlier will what will happen.
Guest
(Expert) 02 September 2013
The latest will will prevail if not proved to be made under pressure, since your mother was living with you. Howevwer, if the latest will is proved to be void, your sisters will have to give details of jewellary and have also to bring evidence of the custody of jewellary previously with your mother or you at the time of her death. However, final opinion is subject to examination of the contents of both the will documents, as the present opinion is based only on your own statement about the facts.
prabhakar singh
(Expert) 02 September 2013
Your words about first WILL runs ' she(YOUR MOTHER) had made draft of will and given to our sisters for checking but will could not be materialized '
THEN IT WAS A DRAFT WILL AND NOT A WILL.WHY TO CONSIDER It'S EXISTENCE EVEN?
Your sisters can not stake any claim on the basis of that draft.
Guest
(Expert) 02 September 2013
Prabhakar ji,
I apprehend that the querist is not stating full facts on account of which I have qualified my opinion. The question arises, when the draft will was given to her sisters his mother was living separately and thereafter due to old age she used to live with him, but why the copies of the draft were not tried to be taken back for finalisation of the will, naturally for years together?
Further, her sisters would not have been so idiot to challenge the latest will, if the will with them would not have been complete and duly witnessed by independent witnesses, even if not registered and also if they would have received the ornaments from her mother during her life time.
I believe the querist is concealing some facts.
prabhakar singh
(Expert) 02 September 2013
Yes!Dhingra ji!
In my guess either he is not aware of full facts or is in possession of the jewellery
wrongly shown to have been delivered already to sisters in the last will for a justification why mother did not give her other properties to daughters and prefered her son to inherit those properties by her (last)WILL.
It is true without examination of two documents spoken about,we can not arrive at any logical conclusion.
Guest
(Expert) 02 September 2013
Yes, Prabhakar ji, your apprehension and my apprehension tallies the most.
ramchandra
(Querist) 02 September 2013
Respected Sir,
I am not hiding anything or I really don't have ornaments since I have never seen the will but my mother remembers that my sisters have made a document and some ornaments were mentioned in that documents. My sisters keep mum about the will. Since my mother was staying along my sisters had full access to my mother and she might have handed over ornaments to them.Now my mother has 15 gram chain and she is giving the chain to me. In case my sisters challenge the latest will on the basis of earlier will they will demand the ornaments in earlier will which I don't have
Raj Kumar Makkad
(Expert) 03 September 2013
Only last will shall prevail so there is no occasion to mix two wills.
Rajendra K Goyal
(Expert) 06 September 2013
Only last will is to be treated as effective.
Sudhir Kumar, Advocate
(Expert) 07 September 2013
IF YOU REALLY WANT A WORKABLE REPLY PLEASE STATE FULL FACTS. IT IS HWOSE JWELLERY AND WHOSE PARTITION.
