Respected Lawyers,
i have a question ..... the court passed the stay order of sec 39 under rule 1 nd 2 cpc ... in the order it's written that if the Defendent produce the will to prove that he is the only sole survivour of the property then on merits the issues will be decided.Here i am the plantiff and the defendent has got the registered will, and the stay order i got in my favour just because as there is no affidavit signed by my in faour of defendent that will can be regestered in favour of defendent. Now the question arises that as the property which is based in new delhi was under trial of high court as this is my grandfather's property he was having an issue with landlord as my grandfather got the agreement to sell receipt and mygrandfather has to pay rest of the amount to the landlord and after 4 years the lower court passed the decree in favour of my grandfather in 2004 after that landlord filed a case in high court and in between my grandfather got expired now high court made my family legal heirs....now the point is that as the defendent is having a registered will so is the WILL is Valid as there was no sale deed only a advance money receipt( Bayana).
