Dear Sir,
Namaskar.
One tenant has filed a case claiming some extra rights. My mother too was coowner. She expired in 2009. As per her will and probate the legal heir for the property in question is her grand son ( my son).
We intimated the Hon. court and the advocate of tenant of this. The advocate asked for inspection of will. I had personally drew attention of court that will contains several other things which is not even disclosed to many relatives and friends. At the most the tenant or his advo can ask for change in record with registrar of property, city survey, land records etc.. to check whether change has been effected. And that they only effect changes after taking all documents including probated will etc for the purpose.
However matter was adjourned. On one date my father was not well and I cud not attend court and my advocate who r either careless or r busy in some other court was also not present. As per the trick of the other side advocate insisted on a order on his application for inspection of will and court allowed same.
Now he is asking a copy of same.
1. Can an order be given in the absence of other party?
2. Can the order be given to allow to inspect a document where majority of info on same are personal and just not connected to suit?
3. Can I challenge the order of court ?
4. What is a remedy if in spite of my request to advocate that I may not be able to attend court the advocate also remains absent and some adverse development takes place?
5. Can I give written / email instructions to advocate so that I alone do not face the heat?
6. Can court ask to give inspection of will??
7. If order for inspection is given then can the opposite side insist on copy of a document which is mostly very personal and confidential?
6. Why cant opposite party or court satisfy thru records of govt abt name change effected in that single property instead of allowing a very personal document going in the hands of adversaries. Is it because the opposite side advocate is very senior and charges very high fees and court feels that such advocates be given exclusive treatment?
Pl. advise remedy and oblige.
Alok Tholiya
