Partition suit
sankar Krishnamoorthy
(Querist) 14 October 2014
This query is : Resolved
MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS HAVING 2 WIFE.I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN THE YEAR 1994,IN-ESTATE.
NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.
THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT A WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND WIFR,AND A?FTER HER DEATH IT WILL GO TO THE GRAND CHILDREN,KEEPING THEIR SON AS A GUARDIAN. IS UNREGISTERED WILL IS A LEGALLY VALID DOCUMENT?HOW CAN WE PROVE IT IS FAKE ONE?THERE IS NO ANY PROBATE OF THE WILL SO FAR.NOW ONLY THEY SAID THEY ARE GOING TO PROBATE THE UNREGISTERED WILL IN THE COURT,AFTER 20 MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS HAVING 2 WIFE.I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN THE YEAR 1994,IN-ESTATE.
NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.
THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT A WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND WIFR,AND AFTER HER DEATEH IT WILL GO TO THE GRAND CHILDEREN,KEEPING THEIR SON AS A GUARDIAN. THEY ARE ALSO SAYING UTILITY BILLS AND PROPERTY TAX BILLS ARE IN THE NAME OF THE SECOND WIFE.HOW IS IT POSSIBLE WITHOUT PROBATE OF THE WILL IN THE COURT?HOW CAN WE FIND PROPERTY TAX AND UTILITY BILLS ARE IN THE NAME OF SECOND WIFE?WHAT IS THE LEGAL REMEDY?WHAT ARE OUR CHANCES ?
Rajendra K Goyal
(Expert) 14 October 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Partition-suit-unregistered-will--502131.asp#.VD0Z6PmSyn0
