How the Plaintiff is going to prove his case?
Querist :
Anonymous
(Querist) 16 April 2010
This query is : Resolved
Respected Experts,
This is a query in respect of a partition suit filed on the basis of a Xerox copy of an unregistered will.
Plaintiff filed a suit for partition against the defendants on the basis of a Xerox copy of wil, claiming that they are having 1/4th share in the landed property and further contended that the original will is with the defendants and thus they are having only Xerox copy.
The defendants contending that the said will is a forged and fabricated one and no original document is with their possession as alleged and hence denied all the suit pleadings.
One more interesting point in the said suit is, the executant, the scribe and the witnesses of the alleged will died long back.
At this situation, how the plaintiff is going to prove his case. Is there any chance to succeed the case.
Raj Kumar Makkad
(Expert) 16 April 2010
No. There is no chance of proving the alleged will and thus suit is a fatal. there is no hope of its success.
