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Dr_Stan (abc)     28 April 2016

Partial acceptance of will?

My father had registered his will bequeathing his house to me and a small token amount to my brothers.

 

My brothers filed a civil suit for declaration of title U/S 16 for the house and have won the suit in the civil court regarding the property, i.e. the judge did not accept the part of the will where my father had bequesthed the house to me.

 

However, the part where my brothers receive some token amount of money has not been commented upon resulting in my brothers getting the money as well as a share in the property,

 

So, effectively, the will has been partially implemented. However, the civil judge said that the genuineness of the will cannot be proven hence he opines that the house be shared by all equally.

 

My question is that whether such a partial acceptance of will is allowed?

 



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 April 2016

Sir, 

 

If you have the regiatered will, you better approach the Probate court to get your will probated. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     28 April 2016

It is surprising that the WILL is registered but found not genuine...............................by comments that 'the genuineness of the will cannot be proven'.

If the WILL was examined by experts/forensic experts and found not genuine then probably the matter is closed.

 

However your lawyer could have requested to re-examine say by CFSL.

 

Your post does notn provide clarity.

 

It shall be better to show all dcos on record including the judgment to an able counsel.

 

 

 

 

 

 

Dr_Stan (abc)     28 April 2016

Originally posted by : Kumar Doab
It is surprising that the WILL is registered but found not genuine...............................by comments that 'the genuineness of the will cannot be proven'.

If the WILL was examined by experts/forensic experts and found not genuine then probably the matter is closed.

 

However your lawyer could have requested to re-examine say by CFSL.

 

Your post does notn provide clarity.

 

It shall be better to show all dcos on record including the judgment to an able counsel.

 

 

 

 

 

 

Thank you for your replies. I should have mentioned that my advocate was not aware of the Section 68 of Indian evidence act and thus did not summon attesting witnesses to the registered will even though they were available. I am suffering his mistake and am going to appeal against the order in the district court and file an application for permissions to add an additional witness. Meanwhile, could you please suggest if the civil judge can partly allow things written in a will and give the token money mentioned in the will and go against another part of the will and equally divide the house bequeathed to me? I know this doesn't sound logically correct, but any suggestions will be helpful. Thanks.

Kumar Doab (FIN)     28 April 2016

If you could not summon/adduce witnesses then, apparently the judge has not faulted.

Engage a seasoned/senior/able counsel specializing in such/family/civil matters and show all docs on record.

Let your counsel guide you further.


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