I am faced with following situation. Can some experienced person throw some light:
There is Mr X who expired in Jan 1973. He makes 3 wills during his life time. All three wills were registered. He had 3 sons namely D, P & H. No daughter. After his death 3 sons fight for shares.
As major property was agricultural, case was fought in Revenue courts.
Son D won a piece of land (10 acre) based on 3rd and last will after prolonged litigation from Addl Collector (1975; 229B). This judgement was challenged by P & H at Addl Commisioner level but they failed (1979). There after, P went to board of revenue but again lost in 1985.
There after, P went to High Court under civil miss. Case is still pending.
Now wife of P, PW comes to play and surfaces a forged will in 1990, totally hand-written and unregisterred. Based on this will, she tries to grab 1/3 portion of above land through ex-party proceedings at Tehsildar courts but ultimately fails in 1999.
Now PW has filed an injunction suits at Munsif level with prayer:
(1) Interim injuction against son of D from selling the land and (2) grant her the rights on 1/3 portion of the land.
I have following questions:
(a) is the suit maintainable as this suit also questions the "Property Distribution" of Mr X again which has long been settled and part is still pending at High Court? Also, the parties to both are from same families (she from P clan and me from D clan)
(b) is it not a repeatition of the trial?
(c) is there any time limit for surfacing a "WILL"; specially when so much notification and litigation has happened?
(d)
Regards
Tapovardhan
