Will written in english
Priyanka
(Querist) 19 December 2016
This query is : Resolved
Dear Sir ,
Please suggest . we are plaintiff
Our grand Mother didn't know the English language and the WILL got drafted and registered in English language .
The WILL witness said that the WILL was written in english as per instructions of grand mother in VERBATIM.
In cross examination the executor /pro ponder our uncle said that his mother didn't know the English language but she was able to read & write hindi language .
Hope this a valid point which goes is our favour since WILL is written in English language and grand mother only knows hindi.
We claim that she was illiterate and was unable to read and write hindi also .
i request you to please suggest your opinion or any law stating that will to be written in the known language .
Regards
Dr priyanka
Sudhir Kumar, Advocate
(Expert) 20 December 2016
So you mean to say that illiterate person having a right to hold assetts, has no right to WILL.
Priyanka
(Querist) 20 December 2016
Dear Sir,
Thanks ,
But our claim is that when she do not know how to write and read English /Hindi , how she can understand the contents written, executor our uncle can get any thing written on the WILL and dictate/speak things in hindi .
this is our claim ,
regards
Kumar Doab
(Expert) 20 December 2016
The witness has stated the truth as posted by you:
"The WILL witness said that the WILL was written in english as per instructions of grand mother in VERBATIM.'
What is the opinion of your counsel?
Kumar Doab
(Expert) 20 December 2016
Is it the same matter!
You have posted many threads:
http://www.lawyersclubindia.com/experts/Suspicious-will--589386.asp
http://www.lawyersclubindia.com/forum/Ancestral-property-ancestral-funds-will-challenged-131243.asp
http://www.lawyersclubindia.com/experts/Property-bought-with-ancestral-funds-and-invested--593301.asp
http://www.lawyersclubindia.com/forum/Funds-to-buy-property-133226.asp
What is the opinion of your counsel?
Priyanka
(Querist) 20 December 2016
Dear Sir,
Our counsel said this point which need to be tackle by arguments only , But i need to understand how we will get benefit , Since cross witness has agreed on hindi language .
Thanks for your help in explaining and understanding the situation .
Regards
Kumar Doab
(Expert) 20 December 2016
In following thread:
http://www.lawyersclubindia.com/experts/Suspicious-will--589386.asp
you have posted that:
"registered WILL of our grand mother"
The WILL is registered implying that testator appeared before registering authority.
Usually registered WILL is not set aside on the counts of authenticity.
The registering authority must have asked even an illiterate testator about WILL and its contents.
Rest you have been advised in above mentioned threads by many experts.
Kumar Doab
(Expert) 20 December 2016
Probate Court shall decide on merits.
Rajendra K Goyal
(Expert) 20 December 2016
If the will is registered, this point may not be deciding factor. Court would decide the probate on merits.
Priyanka
(Querist) 20 December 2016
Thanks for your suggestions
Guest
(Expert) 20 December 2016
When the Person who had signed the document is an Illiterate Or Do not know the Language the document is Drafted is Different. The Role of Witnesses are more essential.If the Will carries the Witness signatures they have to be crossed perfectly to Prove the Facts.If there is no witness basing on your advocate's argument there could be Results in your favour.Any how it would be based on the Consent of Honorable Court.Discuss with your Advocate.
John P Thomas
(Expert) 20 December 2016
The thing that matters is, whether the testator was capable to understand what is stated in the will, and not the language.
P. Venu
(Expert) 20 December 2016
Yes, it is a question of fact whether the testator understood the contents of the will. Try produce and adduce the best evidence and the rest, leave it to the wisdom of the court.
Sudhir Kumar, Advocate
(Expert) 21 December 2016
"our uncle can get any thing written on the WILL "
How could he do that?
Was she living under his care only?
Priyanka
(Querist) 21 December 2016
She used to live at both the place and she dead at her old home not at uncle home .
Grand mother died in year 2004 and WILL is dated 1988 , Since so many years WILL didnt came up , it was only in year 2012 when uncle started to construct the house WILL came into picture .
we have taken a stand the during 1980 & 1988 she was not well and was not able to walk and understand the things , So she cannot make the WILL in question .
REgards
Priyanka
(Querist) 21 December 2016
She used to live at both the place and she dead at her old home not at uncle home .
Grand mother died in year 2004 and WILL is dated 1988 , Since so many years WILL didnt came up , it was only in year 2012 when uncle started to construct the house WILL came into picture .
we have taken a stand the during 1980 & 1988 she was not well and was not able to walk and understand the things , So she cannot make the WILL in question .
REgards
Guest
(Expert) 21 December 2016
You have to submit the Strong evidence and Proof for all your statements in Court.Physical fitness will not be a Valid reason and in certain Medical Reasons the concerned Registrar him self would Visit the Concerned Executor's Residence on Special Requests.You should Try and Submit the Mental condition/fitness at the time of Executing the Will.
Priyanka
(Querist) 21 December 2016
Dear Sir,
Thanks You for all your responses .
Regards
Shivanu
Kumar Doab
(Expert) 21 December 2016
You have posted that:
"she dead at her old home not at uncle home .................The WILL witness said that the WILL was written in english as per instructions of grand mother in VERBATIM."
Spend quality time with your counsel, get to know the evidence that you need to adduce, and counter the OP.
Guest
(Expert) 21 December 2016
Welcome Please
Kumar Doab
(Expert) 21 December 2016
You are welcome.
The case may require the counsel of a senior and a very able counsel.
If requirement is felt consult at your own location.
Sudhir Kumar, Advocate
(Expert) 21 December 2016
in other thread shs stated that
"We suspect that our uncle got the WILL registered illegally buy taking any other lady to registrar office disposing his mother and got the WILL registered in yr 1990 , during that time she was not maintaining good health ( as we know , but no documentary proof ) .Uncle also taken one off his friend along for registration as a witness to the WILL ( he is still alive )"
WHY THIS HIDE AND SEEK GAME WITH THE EXPERTS.
Rajendra K Goyal
(Expert) 21 December 2016
Author need to clarify the concern raised by the expert Sudhir Kumar.
Kumar Doab
(Expert) 21 December 2016
Doesn't registering authority satisfy that person appearing before it is genuine!
Suspicions apart: How do you aim to establish it?
Guest
(Expert) 22 December 2016
Mr.Kumar Doab before 25 years the Registration Depts in India were Not very Cautious and Strict and Only about 15 years they were strict with asking for Photos and Proofs for Registrations.Previously they were interested only in stamp duty and Fees and Revenue Raising for Govt. It was a time when even some one could Register Taj mahal on his name by Paying the required fees and stamp duty.Check with the senior/retired Registration office People.
Kumar Doab
(Expert) 22 December 2016
Mr.N.J.S.Rajkumar, The person who is affected, aggrieved can and must point out everything, including point suggested by you. The probate courts shall decide on merits.
Sudhir Kumar, Advocate
(Expert) 23 December 2016
Agreed with Mr NJS Rajkumr.
It is the querist who has to prove that the will was registered by imposter.
Basically every will is mean to be challenged.
At fag end of their life the parents tend to WILL everything in favour of the son/daughter who looked after them (though for entire life they remain partial against him/her).
As soon as an old man/woman breathes last then following things are sure :-
(i) no waking up at night
(ii) no taking to hospital.
(iii) no collection of report.
(iv) No rush of old/aged relatives.
(v) No disturbance of children studies
(vi) No skipping of parties/marriages.
(vii) no disturbance to visitors.
(viii) no passing of stool/urine on bed.
(ix) No need to transport to hospital/ banks.
So suddenly within 2 hours the dead body sees that he / she has a large family.
At times other son/daughters (who neglected the old man/woman in life) takes charge of the body and the rituals and starts taking final decisions. Now they also do not mind sharing the expenditure of the funeral and other expenses.
Later the same family has to challenge the will.
Kumar Doab
(Expert) 23 December 2016
Agreeing with Mr. Sudhir Kumar also, the legal heirs may establish to the satisfaction of probate court that it was imposter that presented before the registering authority.
Rajendra K Goyal
(Expert) 23 December 2016
Another sugar coated bitter pill of life from expert Sudhir Kumar.
Bravo.
Dr J C Vashista
(Expert) 27 December 2016
1. Please clarify whether the author is Priyanka or Shivanu, both names seem adopted by an anonymous author?
2. Why did you repeat same story time and again except the fact that you just want to give an examination to experts on this site?
3. If you are not satisfied with the response on this platform (since it is FREE OF COST) you are sincerely advised to consult and engage a local lawyer, if your story is true.
