Vikas Kanojia (Proffessional) 02 February 2013

Missing of will page in suit paper

Hi team,

I am fight a Civil suit Against my father. The issue is My Granny has executed a registered will duely registered with a sub Registrar. Which is still not been probated. The same land is been equally given to My father, me and my brother. Which is not been partioned. Now the issue is my father has sold a piece of land from the same land to the 2nd party without my knowleged. When i came to know about this I have field a suit in a Civil Court. Which is already been serviced to the other party. But later on I am just seeing my suit paper found that one page from WILL is not been xerox and missing from the suit paper.

My Question is

1) Do my father has right to sell the land without taking NOC from me and my brother.

2) What can been done to insert that missing WILL page in my suit case paper

Rgds

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2 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 02 February 2013

Your father has no right to sell the piece of land without your NOC and your brother .

You can file suit against him, File injunction for further sale of land , get other party in court through chamber summon application . Appoint court reciever for the said land these are means wherein you can curtail your father from further sale of the said piece of land.

Regards,

Adv. NIKHIL SETH

Mumbai

9833116807

Vikas Kanojia (Proffessional) 02 February 2013

thanks Nikhil Sir,

Have already going for the Chamber Summon. Also Would like to know if in the suit paper if one xerox paper of WILL is missing means Due to cleark error the paper was not xerox and it was not notice when the paper was submitted in the court later on when i as look the suit paper i found that one page of the will is missing and the same suit paper was served to the parties what can be done in such scenario. Also will this have the legal implication on the case

rgds