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Author Topic: Validity of Will?  (Read 1385 times)

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Offline Newera2k

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Validity of Will?
« on: November 03, 2014, 09:07:40 PM »
Members,

A will was registered in 1952 and Partially executed. it had 3 component two of them were transferred
to heir. ( one component was transferred to all members as if will was not there)

things were okay till 2010, almost 60 years.

now All members claim there was no Such will never existed.
will was registered and heir has Certified True copy of it NOT original, also all papers with
Heir has his parents name on it.

will creator and witness died long back. all 3 components of property are under control of heir.

Is there a way to prove WILL, when original copy is not there? (witness also died long back)
When a will can be challenged? from 1952 to 2010 is long time.
Is partial execution of will, make it invalid?

looking to hear from experts,

thanks



Offline advdesai

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Re: Validity of Will?
« Reply #1 on: November 04, 2014, 07:26:45 AM »
Its too late to challenge such a WILL.
court will not entertain your contention.

You have to give a mighty condonation of delay application before your matter can be accepted by court, which itself will be a daunting task.

my advise is forget it, you won't get any relief from court
Advocate Desai Knows the Law

Offline Newera2k

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Re: Validity of Will?
« Reply #2 on: November 05, 2014, 05:08:42 AM »
Court has apparently accepted opponents logic. decided to divide property to All members NOT
to Heir.

can such case be won in higher court? How to prove there was a WILL when original copy is not there.

 

Offline Newera2k

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Re: Validity of Will?
« Reply #3 on: November 25, 2014, 02:26:00 AM »
any inputs?

Offline Advocate-ashoksen

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Absence of prime facie evidence hon'ble court shall act as par Succession act
« Reply #4 on: November 25, 2014, 04:40:42 AM »
In the absence of prime facie evidence it is the discretion of the hon'ble court to follow the Succession act.

in your matter the court is convinced beyond reasonable doubt that the WILL cannot be taken as authentic.

If you are unable to produce a registered WILL than appeal to higher court will be simply waste of time and money
« Last Edit: November 25, 2014, 04:42:49 AM by Advocate-ashoksen »
Advocate Ashok Sen Calcutta High Court

Offline Newera2k

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Re: Validity of Will?
« Reply #5 on: November 30, 2014, 01:38:05 AM »
Hi Advocate-ashoksen,

thanks for reply.

Can we submit copy of Registered Will in High Court with special request?
is it allowed? as i am told higher courts DO NOT accept new papers/submissions from anyone.
(Currently case in with ADJ in final stage)

Also what was the rule of succession act in 1952?

thanks,
« Last Edit: November 30, 2014, 01:40:17 AM by Newera2k »

Offline Newera2k

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Re: Validity of Will?
« Reply #6 on: December 12, 2014, 04:05:52 AM »
can anyone help on this?

 

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