• Fraud will

Property belong to my moms mother, and  my grandmother is deceased. Her WILL was prepared on absence of her  actual siblings my mom who lives in India and my massi and mama are US citizens WILL says all three above mentioned can stay in this property if they want. But after there demise entire property goes to my brother and his wife... All the legal heirs except my brother are senior citizen. Unfortunately im executor on that WILL... My grand mother was 89 when she died. Court case going on.

By means of this writ petition, the petitioner has prayed to issue direction to the learned Civil Judge (Senior Division) Dehradun to expedite and decide the original suit pending before him, within a fixed period of time. Prayer is innocuous. Therefore, the Civil Judge (Senior Division) Dehradun is directed to expedite and decide the original suit pending before him, as expeditiously as possible. With the above direction, the writ petition is disposed of finally.
Asked 3 years ago in Property Law from Bangalore, Karnataka
was it your grand mother self acquired property ? or was it ancestral ? how was property transferred in your grand mother name ? what is nature of court case going on ? have you as executor applied for probate of will ? 

your mother  has  to file partition suit that your grand mother  died intestate without any will . that on her death your mother had 1/3rd share in property . let your uncle produce the will . he has to file for probate to prove that will is genuine .
Ajay Sethi
Advocate, Mumbai
23380 Answers
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frankly you need to contact a local lawyer . you say there were 4 wills made by your grandmother . it is necessary to go through the wills made by your grand mother . ordinarily last will made prevails . there is a clause in will which states that I revoke all former wills and testaments made if any and declare this to be my last will . 

in your case it seems your brother vishal adopted son of your grand mother is principal beneficiary . your mother has given him POA and she does not want to confront him . so it appears that your mother wont challenge the will . 

let your aunt challenge the will . let her file suit for partition .
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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If it was the self acquired property of your grand mother then the rights of the legal heirs to your grand mother will flow from the will which was validly made by your grand mother during her life time. Was the will registered? What is the case relating to? Has the will been challenged therein? At what stage is the case pending now at Dehradun? The application filed by the adopted son of your grand mother seems to have been filed with the motive of culling out a share in the property. 

The facts of your case merit a personal consultation with a lawyer. You should thus talk to a lawyer personally and apprise him of the entire factual background of your case along with all the supporting documents so that he can chalk out the further legal strategy for you.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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we have told you to contact a senior lawyer in dehradun . the problem is you are  confused .

 it appears that HC has expedited final hearing of sutit filed by indu against rita tandon . what is nature of suit filed by indu ? 
why you say it is wrongly registered?
 it appears that stay has been granted . hence rita and vishal shall not be able to sell the property . go by your lawyer advice
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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suit simplicter for injunction is not maintainable . in other words suit for stay only would not survive . you ought to file partition suit . vishal will produce will . made by your grand mother . he has to prove the will . both suits would be clubbed together
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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You should contact another lawyer if you are not satisfied by your lawyer. Since we are not aware of the nature of the suit we are not in a position to opine. The nature of the suit cannot be a stay suit alone. May be you do not understand the difference between ''nature'' and ''nomenclature'' of the suit, which is understandable as you are a layman.

The will could have been challenged by way of a case for partition of the property.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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Go ahead and contact a lawyer lest the court passes a judgment against your interests.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
mere  reproducing list of dates and what transpired on various dates on this site wont serve your purpose . since you have filed case of only stay of sale of property . such case for stay alone is not maintainable .
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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Got no email from you.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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no  you have to file in court having pecuniary jurisdiction only .you cant file suit  in supreme court . since stakes in property are very high it is better to engage a senior counsel in Dehradun . 

 thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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No is the answer.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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Posting the string of queries here is not going to help your case. I restate that you should consult a lawyer personally and get all the documents related to your case vetted by him so that he can get a clear picture as to what is the weak link, if any, in your case.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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the will is drawn based on instructions . you cannot blame the solicitor , he only acts  on instructions received .you cannot accuse him of professional negligence . no case for damages is made out . 

concentrate your energies on fighting  your 7 crore case of property
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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The solicitor cannot be held liable in any manner. He acted on your instructions. Hence, a case for defamation against him will be blown to smithereens in the court. Concentrate on the legal battle that you are fighting.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
how have you sent summons? make an application for substituted service wherein you publish  summons  in local newspapers wherein he is residing
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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she can only make will regarding her share . if your grand father died intestate your grand mother was only one of legal heirs . you have engaged lawyers in Dehradun . they will guide you .
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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if for instance grand father is survived by wife and 4 children . grand mother would have only 1/5th share in property standing in name of grand father
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
Was the summons sent through a registered post under acknowledgment?  If yes then the court will strike off the right of your uncle to contest the case if he does not appear within the time frame fixed by the court.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
If your grand father did not make a will in favour of his wife during his life time then the question emerges - How was the property transferred to your grand mother after the death of your grand father? If the property was transferred to your grand mother by a registered instrument in accordance with the law then she became the absolute owner of the property which she could will to any one.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
You have engaged lawyers in Dehradun who have the privilege of having in front of their eyes all the documents including the will related to this case. So they are 100 times better placed than us to guide you properly.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0

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