Hello,
Firstly, I would like to thank the wonderful team at lawyersclubindia,com for providing this really great service!
We are Kerala syrian christians. My great-grandfather had acquired land (purchased, not inherited), which he divided equally among his 4 sons while he was still alive. My grandfather eventually purchased one of his brother's share, thereby increasing his possession to half of his father's original property.
My grandfather had one son (my father - the eldest) and a daughter from his first marriage. My grandmother passed away and my grandfather married a second time.From his second marriage, he had 3 daughters.
In 1984, my grandfather had registered a will per which all of his property was to go to his only son ( my father). The will also instructed my father to pay certain amounts (Rs 5,000 and Rs 10,000) to two of the daughters from the second marriage.
In 1996, my grandfather registered a new will, per which he had cancelled the old one from 1986, and all of his property was to go to his two grandsons (me and my brother). It also stated that the monies he mentioned in his old will was paid off and we didn't have to make any payments to anyone. A month after registering the new will, my grandfather passed away due to a sudden heart-attack.
Three months atfer my grandfather's demise, the daughters from his second marriage and his second wife filed a case against me, my brother, my father and my uncle (mother's bother) alleging that
1. my grandfather was old and unsound of mind (he was 82 when he died),
2. He was tricked into making the new will by my father and my uncle,
3. My father did not have good relations with my grandfather and that grandfather had promised to give all his property to his daughters from the second marriage.
Their demand was to declare the will invalid and that the property be partitioned It was the second daughter from the second marriage and the second wife who were plaintiffs on the case. Though the other two daughters from the second marriage were actively involved in the case, they were ex parte (both settled in Kuwait) and their names showed up as defendants along with my brother, father and uncle.
In 2002 (six years later) the judgement was issued in the case and their demand to declare the will invalid was rejected. The judgement was based on the testimonies of witnesses who testified to my grandfather's sound mental health and being physically active till the day he died.
The plaintiffs didn't file appeal on time, but filed a petition later citing health issues for the plaintiff (daughter) - the second wife had passed away before the judgement was announced. The petition to allow for appeal was dismissed as the testimony of the plaintiff's doctor attested to the fact that the plaintiff was healthy enough to travel and make the petition within the time allowed.
My brother and I didn't sell the property up until now (2013). Now we have received information from reliable sources that the 3 daughters from the second marriage are once again planning on filing a case on the property. My father already passed away 4 years ago. So it is likely that the case will be filed against me, my brother and my uncle (who is in ill health). My brother lives in India and I have settled in the US.
My questions are
1. If they file the case with the same charges, will it be entertained by the court;
2. Can they continue to harass us indefinitely so that we cannot sell the property;
3. Can we counter sue them for harassment?
4. Any other information you may provide to help us end the harrasment will be greatly appreciated. Thank you.
Sincerely,
Joe Thomas
