Partition Suit against 31Years Old Unregistered Will
Plaintiff filed a Partition Suit,Defendant also filed a Declaration Suit based on an Unregistered Will,Plaintiff Declared that he may Challange the Unregistered Will Whenever Defendant file the Will, Defendant filed Certified Copy of Unregistered Will alongwith an Affadavit of one Attesting Witness of Will in support of the Unregistered Will(already filed in Probate Suit),But Plaintiff could not Challange the Will,After 1Year Plantiff changed his Advocate,After filing of Unregistered Will Plaintiff amend the Plaint to challange the Will (saying that it is very difficult to Challange the Will in Probate),Plaintiff do not Challange the Will in Probate Suit in last 6Years too,Plaintiff could not Challange the Will till 4Years after amendment in Partition Suit, Plaintiff also could not provide any evidence to challange the Will after amendment in Partition Suit till 4Years,During trial both the Attesting Witness of Will died and the death certifecates of attesting witness filed in the court,During trial Plaintiff1,Plaintiff3 and Defendant also died,Now legal heirs of the Defendant contesting,once again During Cross-Examinations PW2(Plaintiff) himself admited that Plaintiff do not request to the court to cancil the Will,in last 10Years Planintiff never Challange the Will nor Request to the Court to Cancil the Will,nor given any request to register a FIR against the Will,Plaintiff1,Plaintiff3 and Plaintiff4 never appear in the court for any evidence and Cross-Examination,Now Legal heir of the Defendant filed his Chief for Cross-Examination, Facts:- (1) My Grand father Executed his Will on 22nd August,1994. (2) Legal heir of the Defendant was with her Grandmother at her Residence as She was not Well. (3) Legal heir also do not know Where the will was Executed,Who Typed it,In Whom Presence it was Executed. (4) Legal heir also do not know in whose presence Will was executed. (5) Age of legal heir was 27Years old married with a lady doctor when the Will was Executed. (6) Legal heir of the defandant seen his Grandfather to sign the other documents since his childhood. (7) Many times both the attesting Witness visited to my Grandfather as they were associated with my Grandfather but both the attesting witness were uneducated. (8) My father confirmed me that Will is Genune and Executed by my Grandfather. (9) My Grandfather was fit and fine always never suffer with any serious illness in his life just two days before his death he was suffering with loose motions. (10) Both the Attesting witness of the Will never appear in the court(Both the attesting witness died now) . (11) Legal heir of the Defendant knows the son of one Attesting Witness. (12) Plaintiff also could never Challange the Will. (14) One Attesting Witness of Will already given his Affadavit in favour of Will(Now Died). (15) Leagal heir has collected the information of Bank Account of One Attesting Witness. (16) Plaintiff of Suit write to the Court that Will is not Executed by the testator and both the Attesting witness were Unknown to the testator but the Plaintiff could never request to the Court to Cancil the Will also never Challange the Will. Advocate of the Defendant advice to the defendant that Since Defendany could not prove the Will U/s 68 or 69 of Indian Evidence Act Court may decide that the Will is Void and Invalid. If Legal heir bring the Specimen Signature of one Attesting Witness from the Bank and those Signatures are mathing with the Signature of the one Attesting Witness on the Will. Now Suit is on the final stage,Please guide what Court may decide ?
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