Staus quo
Bhimreddy
(Querist) 30 April 2013
This query is : Resolved
We R building a house on 100 Sq Yds with all the permissions on the strength of a Regd.Will year 1999. Now my sisters have misrepresented in the Court that they are constructing and we are interfering with construction work on the strength of a Unregistered will of year 2002 and obtained STATUS QUO.Please guide me how to remove STATUS QUO and whether the second will unregisted 2002 is valid or not. If valid what are the remedies for me. Thanking you in anticipation of favourable responses.
Khaleel Ahmed Mohammed
(Expert) 30 April 2013
You are advised to file counter immediately before the Court.After necessary aurgument if court does not lift the status quo, get the decretal order and file a civil miscellaneous appeal before higher court.In answer to valid will the court will decide the matter.
Devajyoti Barman
(Expert) 01 May 2013
Unless the genuineness of Wills is determined, the status quo is likely to stay.
prabhakar singh
(Expert) 01 May 2013
The law of will is that it is the LAST that shall prevail over the earlier.
Law is also that a will is not required to be registered.
But law is also that propounder of a WILL should remove all doubts surrounding it.
Then look if mention and revocation of registered will of 1999 is found in Unregistered will of year 2002 or not?
What are the reasons stated for changing the WILL?
What reasons, if any ,stated for not going for registration of second one?
Does this Unregistered will of year 2002 really bears signature of your father?or it is forged and fabricated?
So you need to dispute the Unregistered will.
But as there can be even Unregistered will chances of removal of STATUS QUO is very very bleak.
R.K Nanda
(Expert) 01 May 2013
agree with experts.
