Registered will
srinivasa guptha
(Querist) 17 May 2012
This query is : Resolved
Dear sir,
Sub: Registered will
My father who wrote a registered will in 1985 for his self earned property In favor of his younger son (Me).
My father died on 2000, but my brothers did not accept the will written by my father, they went to court for praying partition.
I too went to court for declaration of will.
The above said cases have been clubbed for common judgment.
Trail (in the court of XVIII addl city civil Judge Court Bangalore City) dismissed my plea reasoning
1.signature of my father mismatches with referring documents (a document written in 1967 is compared with document of will made in 1985).
2. Thump impressions also mismatch (without an expert opinion}
3. Two witnesses are not alive (court did not accept one of the witness’s son attesting his father sign)
I appealed the case in the High Court of Karnataka at Bangalore.
My petition is being dismissed (judgment copy awaited).
My lawyer says I have only 2 options either go for a review of high court judgment or slp in Supreme Court.
My question to panelist:
I strongly feel my case is being influenced in all sorts – I being a lay man where to go for remedy?
I am not financially strong to encage a Supreme Court lawyer, how fight unethical?
Will the Review petition in High Court give me a fair chance?
Advice me.
Thank you,
Srinivasa Guptha
M V Gupta
(Expert) 17 May 2012
I think ur case was not properly fought in the trial court. You ought to have objected to the comparison of your father's signature on the will with a very old signature of his.I do not think any useful purpose will be served by filing review application and no point in filing SLP in SC.
Suhail A.Siddiqui
(Expert) 17 May 2012
You have every right to file as per your lawyer advise with the the hope to fight and watch your interest otherwise you have nothing in your hand.
Guest
(Expert) 18 May 2012
It makes no sense to match the signatures of 1985 with signatures of 1967.Unless there were real compelling reasons, there was no reason to discard the testimony of the son who vouched for the signatures of his father on the will. Review would not help. It seldom helps. Move the SC.
Regards,
Ashish Davessar
Advocate
Shonee Kapoor
(Expert) 18 May 2012
I endorse the views of Ld. experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
