Maintainability of an Un Registered Xerox copy of Will:

Querist : Anonymous (Querist) 02 November 2009 This query is : Resolved
Respected Sir,

Subject: Maintainability of an Un Registered Xerox copy of Will:

“A” is the Sister of B and C. B and C are the brothers. A and B are died. Now the wife and sons of B are claiming 1/4th share on the basis of a Xerox copy of an un-registered will duly executed by A in her life time. The Legal heirs of B now instituted a civil suit for partition and a separate possession on basis of the above will. Whereas C is defending that there is no will executed by A in her lifetime and it is a concocted one. Hence C is praying the court to dismiss the suit. Actually Legal heirs of B have filed the above suit on a Xerox copy of un registered will. And they are also further stating that B and C and the father of A have purchased the lands in favour of A. In this we are for C.

So in this, I want to need ur opinion.

1. How the suit is got numbered on the basis of a Xerox copy of un registered Will Nama.
2. How the suit is going to be dismissed.
3. Is there any judgments against this case.
4. Is there any possibility to dismiss the suit at the trial stage?

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Raj Kumar Makkad (Expert) 02 November 2009
1. Civil suit cannot be denied to be numbered only on the basis that the plaintiffs have only zerox cpy of any will mentioned therein. The facts mentioned in the plaint are to be provided by way of evidence at later stage so no ocassion to stop filing of suit.

2. Both the parties shall lead their evidence and only zeox photocopy of alleged will has no value in the eyes of law so after going through all evidence on file court shall decide accordigly.

3. Yes. There are various judgments which are against the contension of the plaintiffs raised in their case.

4. You can demand original copy of the alleged will at the trial level by moving an application and case can also be decided by court at the initial stage of trial.

adv. rajeev ( rajoo ) (Expert) 02 November 2009
Only on the basis of the xerox copy will suit cannot be contsted. there is no bar to file the suit with xerox copy of will.
It is the duty of the person to prove the will who claims his right/share on the basis of the will.
At the evidence if plaintiffs i.e.,wife and sons of B failed to produce the original will before the court definately suit will be dismissed.

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