I had purchased agricultural land and properly registered on my name . evey other related document such as tax, Khatha, etc were changed to my name. The property was on the name of a lady. After 3 years she filed a case in the trial court saying that her son and husband collided with me and I cheated her . she said it was only mortgage and I have not paid any money . The case run for nearly 7 years with various witness favouring me including the banker where in cheque transaction took place. Her banker also came and witnessed that the money was received in her account . Finally the trial court dismissed the case and decree to that was also passed. Again she made a appeal in the court saying that the judgement was wrong .When the proceeding were on, the appellant ( she) died.After a lapse of 4 months , her daughter in law was brought into books saying she is the will holder for this property. ( she has one son and 3 daughters- but they were not brought as legal heirs) . original will copy was also not submitted So my lawerobjected it saying it was only abogus will copy created for this purpose as the thump impressions are different, also when legal heirs are there, theywere not brought into books ,only will holder is brought into books which is not valid. Nearly one year passed in this process. Meanwhile her husband also died. Now they have brought only 3 daughters in the book after a lapse of 6 months. Kindly give your opinion for further course of action and any court citation please
please give court citation for time limitation, abatement of case as right legal rep not brought on books on time etc
further legal course please
1) you have strong case on merits
2) you have won in trial court
3) during pendency of appeal lady died
4) legal heirs have to be brought on record
5) in present case admittedly sons and daughters were not brought on record
6) if DIL is claiming as beneficiary she should produce original will
7) delay in brining lwgal heyrs can be condoned by court
8) better fight on merits rather than on technicalities
Court would condone delay in bringing legal heirs on record on payment of nominal costs in intetest of justice
The course of action being adopted by your lawyer is right.
Get the case dismissed for misjoinder of parties and non joinder of relevant parties. Press an application with regards to this and object on the will that has been filed.
It is the court process which has to be followed thoroughly, no need of any judgement as such. The law is settled as per the statute.
Regards
no new fact can be added in appeal. the the heirs of SHE proved first that the transaction had not taken place between you and she and that is the contention of your suit. if you failed to prove that the transaction had not taken place then they have to initiate further proceeding for will. at present you have nothing to do new save and except to oppose the inclusion of Will fact in the appeal.
The daughter in law's will case and the legal heirs claim shall not be maintainable
Since the matter was already decided by the lower court in your favor, the result of the appeal may also not be in their favor because prima facie the case is not maintainable since the property was purchased by a registered sale deed in your favor.
You can properly challenge the case.
please give court citation for time limitation, abatement of case as right legal rep not brought on books on time etc
The limitation is 30 days from the date of death or from the date of knowledge of the death of the party to case/suit.
Further legal course please
The appeal has to be challenged.
Basically the will is a forged document since the same has not been produced nor the party has applied for probate.
The legal heirs should file a petition for setting aside abatement and also petition for condoning delay for abatement etc and an implead petition to implead LRs of the deceased on records.
To bring legal heirs the limitation is 90 days after that the suit becomes infructuous ... kindly ask ur lawyer to ssubmit the same to the court also you don't need citation as Cr.P.C provided the time limit
