partition suit
K R Mahesh
(Querist) 07 September 2009
This query is : Resolved
Sir
A is the father of my friend. He died in the year 1982leaving behind his wife ,
4 sons and 2 daughters
A executed a Regd Will in 1978 in favour of his Four sons subject to condition that the Four sons can take property only after the demise of his wife.
A's wife died in the year 2000. After her demise the four sons mutuated his property in their name and enjoying the same all these years.
Now in 2008, the two daughters have filed a partition suit in Trivandrum wherethe property is situated alleging that the registered will was not executed by A, hence they are entitiled for equal share in all the properties of A. They also obtained injuction against the 4 sons from enjoying and developing the property.
My queries are
whether they can file a suitafter nearly 30 years and challenging the Regd Will?
Whether the suit is filed within the limitaition period
In this case how a regd Will can be proved in the absence of survival of person who were cited as witness.
Can you provide me citations to defeat the suit.
Thank you
K R Maheshriven
sanjeev murthy desai
(Expert) 07 September 2009
Dear K. R. Mahesh,
There is no time limitation to challange the regd will.
why you need citations in this case? The Hindu Succession Act, 2005 of section 6 clrealy provides that if the property dispose before Dece 2004 subsequent claiming rights are invalidated automatically.
But they can arise question about Testator capacity.
sanjeev desai
riven
K R Mahesh
(Querist) 07 September 2009
sir
thanks for your immediate response,
can you please explain more about section 6 of hindu succession act 2005 and how the daughter'ss subsequent claiming rights are invalidated automatically.
regards
K R Mahesh
riven
Manish Singh
(Expert) 07 September 2009
Dear Mr. Mahesh,
they can only question about the validity of the Will. firstly the validity of the will shall be adjudicated and if found valid no question of partition arises.
Section 6 of the Hindu Amendment act say that if the property in question has been partitioned or disposed off by a testamentary document or otherwise, no question of shares of daughters arises therein.
the validity may be proved by verification of signature and alike. was the property mutated on ur maother name according to the Will ? if yes the problem is solved.
riven
Adinath@Avinash Patil
(Expert) 07 September 2009
I m also opinin that there is no limitation to challenge will. But 30 year old registerd documents are goes to directly in evidence,hence it is very difficult to prove that will is illegal.riven
