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s v desai (lecturer)     15 June 2020

Validity of siut if a person expired during the proceeding o

Respected experts,

One of the person[Farmer] who is not related to our family has taken advantge of ill health of my mothers elder brother by taking signature on empty bond paper.  After the death of the my mothers elder brother he has created fabricated a will on that empty bond and approaches Tahasildear office for mutation of the property[Land] in his name. My mother is the legitimate legal heir as her elder brother has no children, wife pre deceased. She sumbitted her objection for mutation on the basis of Will which is fabricated. The Tahasildar rejected that persons application stating revenue authorities are not competent authority to check the originality gunieneness of the will and ordered to get the probate of the will from the court.

 The according to the Tahasildar order that person filed O.S in the JMFC Court making may mother as a party. The court has given judgment after long hearing. According to judgment the court found that the will is forged, fabricated.

But that person was not satisfied with the judgment and appealed in the Senior Court in the month of November-2019. But due to COVID -2019. the courts are not fuctioning till date. In the due course my mother expired on 16-04-2020. My self anf my younger sister are the legal heirs to my mother as my father was expired long before[ i.e in the year 1987]

so, please guide what the next step I should do. I am already applied for succession /surviving family member certificate..



Learning

 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     15 June 2020

Hello,

You have to appear in the suit and file application to bring legal heirs on record so that you can contest the appeal filed by other person. 

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