Info
shivanu
(Querist) 05 April 2012
This query is : Resolved
1) How a registered "WILL" can be challenged after 10 years and after death 5 yeras total 15 yeras in Indian Law
2)Hi Can u plz tell me the meaning of "Order Has directed the parties to the suit to maintain status-Quo with respect to :Title and possession of the suit property I.e house num".
Does the above mention point states its a "Stay" not to do ongoing construction or one cannot sell or transfer property .
Can we still do construction on the said property if we have got the notice with respect to title and possession.
I request you to please let me know what is the possibility and i will further decide .
Adv.R.P.Chugh
(Expert) 05 April 2012
Dear Querist,
The onus to prove a will is on the propounder the person who asserts will is correct. If the propounder is also the beneficiary in the will the burden is all the more higher. They have to prove the will while obtaining probate (practical execution of the will). They have to prove the execution of the will (S.68 evidence Act) as also remove any suspicions surrounding the will.
The Challengers on the other hand can prove that will was :-
i) never executed;
ii) was obtained by undue influence/fraud etc.
Secondly - the stated para is indeed a stay and any attempt to violate the conditions would amount to contempt of court and may lead to imprisonment for 3 months and attachment of property for over 1 year.
If you are aggrieved by the injunction order - file an application for vacation of the injunction.
Deepak Nair
(Expert) 05 April 2012
Well advised above. Nothing more to add.
ajay sethi
(Expert) 05 April 2012
if will was made 15 years ago was an application made for probate . if there was no dispute partiies generally do not apply for probate .
what are the reasons mentioned for challenging will after 15 years? contact a local lawyer .
staus quo means not to create any thrid party rights pending hearing and final disposal of suit
V R SHROFF
(Expert) 06 April 2012
As status Quo., you cannot construct, and cannot create third party rights. maintain AS IT IS.
EXPERTS ADVISED WELL ON OTHER PT.
shivanu
(Querist) 06 April 2012
Sir ,we have notice as "status-Quo with respect to :Title and possession of the suit property "
So that means we cannot sell and transfer property in questions .
As construction is on going we can do that -Hope we understand it correctly.
