Stay on sale of property of a will executed 12 years back,
prakash
(Querist) 18 September 2013
This query is : Resolved
If beneficiaries who accepted the distribution of property as per will written by their father,after 12 years of execution of the will,files a case against a particular beneficiary alleging him of fraud and cheating and genuineness of the will and applies for stay on sale of property mentioned in the will.
Can court grant a stay in this matter.
please advice.
ajay sethi
(Expert) 18 September 2013
it has to be proved that signature of testator has been forged . fraud vitiates the will .the beneficiaries have to explain what they were doing for 12 years . why did they not challenege the will
R.V.RAO
(Expert) 19 March 2014
the law of torts / quasi contracts does not allow any body to enrich / benefit themselves at the expense of others.
So any will for bequeathing the property, if vitiated by fraud and forgery or any other illegal means etc... and proved to the satisfaction of court will certainly be set aside.
of course, the beneficiary has to satisfy the court of law as to why did it take 12 years to bring the same to the notice of court?
It is so because 12 years is a long enough time for the property to change many hands and a few of the beneficiaries may or may not survive or may be out of country, or the legal heirs of beneficiaries might have stepped into shoes of the original beneficiaries etc..
