Dispute in will
prakash
(Querist) 07 September 2013
This query is : Resolved
Sir,
My friend's father had made an unregistered will on 02/03/1995in which he distributed his all self aquired moveble and unmoveble property between my friend,my frind's wife,my friend's daughters and my friend's
sisters.My friend was made executor of the will in the same.
my frind's father died on 24/12/1998.The will was was witnessed by 2 person in which one was my frind's mother who also died on 13/12/2002.The second witness is alive.The
typist who had typed the will his name and signature is also there in the will and he is also alive.
After the death of my friend's father the property was distributed as per the will and the immoveble property was recorded in govt.records accordingly.
Now after nearly 15 years passed, my friend's sisters has created a dispute that the all property shold be equaly distributed.
Now my question is can my friend's sister can create such a dispute.If they
reach before the court then what will be
the cosiquences.
Please advice.
Thanks.
ajay sethi
(Expert) 07 September 2013
let the sisters go to court if they want to challenge the distribution of property .
will has been acted upon and distribution of property has taken place as per the will .
if the sisters move court apply for probate of will .
Dr. Jyothi Vishwanath
(Expert) 07 September 2013
Dont worry. Let them approach court. They have accepted property under the will. THis shows that they have admitted the will and its validity. Now they cannot demand equal distribution of the property. It is also not their case that will is invalid. So be cool. Let them go the court and waste their time, energy and money. After fifteen years, it is also time barred for court remedy.
Rajendra K Goyal
(Expert) 07 September 2013
Very well advised by the experts, nothing more to add.
R.K Nanda
(Expert) 07 September 2013
agree with sethi.
prakash
(Querist) 09 September 2013
Sir,
If my friend's sisters file a forgery and
criminal case in this regard then what will be the consequences.
Please advice.
Thanks.
Rajendra K Goyal
(Expert) 09 September 2013
Defend the case on merit. under the given facts your friend is likely to get acquittal.
Raj Kumar Makkad
(Expert) 10 September 2013
Well advise by experts so no more to add.
