Partition Suit Filed after 18Years of testator death
Plaintiff1,Plaintiff2 Plaintiff3 Plaintiff4 filed a Partition Suit against Defendant1 and Defendant2 after 18Years of death of Father of all Plaintiffs and all Defendants, Defendant1 filed a Declaration Suit based on an Unregistered Will,Defendant2 already left the Property and never contesting the Suit, Plaintiff4 on behalf of all Plaintiffs opposed the Will,Plaintiff4 stated that he may Challange the Unregistered Will Whenever Defendant1 present the Will in the Court,After Six Years Defendant1 filed Certified Copy of Unregistered Will alongwith an Affadavit of one Attesting Witness(Paltu Singh) of Will in support of the Unregistered Will(already filed in Probate Suit),But Plaintiff4 on behalf of all Plaintiffs state that it is a forged Will and the Signatures of the testator are forged and both the Attesting Witness are Unknown to the testator,2Years later All Plaintiff4 on behalf of all Plaintiffs amended the Plaint to challange the Will (saying that it is very difficult to Challange the Will in Probate Suit),But Plaintiff4 on behalf of all plaintiff could not Challange the Will in Partition Suit,Plaintiff2 on behalf of all Plaintiffs also could not Challange the Will in Probate Suit In last 6Years,Plaintiff2 on behalf of all Plaintiffs also could not provide any evidence to challange the Will after amendment in Partition Suit,During trial both the Attesting Witness of the Will died and the death certifecates of both the attesting witness filed in the Court after 10Years of their death,Now legal heirs of the Defendant1 contesting,During Cross-Examinations Legal heir of Defendant1 filed his Chief for Cross-Examination. Facts:- (1) My Grandfather(testator) Executed his Will on 22nd August,1994. (2) Defendant1 filed a Declaration(Counter Claim) Suit Based on Unregistered Will in 2013. (3) Plaintiff4 on behalf of all Plaintiffs Could not Challanged the Will in last 30Years because testator died 30Years ago. (4) Defendant1 filed a Probate Suit in October,2018 along With an Affadavit of one Attesting Witness(Paltu Singh) Stating that Will was executed in presence of both attesting Witness. (5) My Grandfather(testator) purchased this disputed Property 61Years ago. (6) Neither any Plaintiffs nor Defendant was present at the time of Execution of Will. (7) My Grandfather(testator) and My father(Defendant1) are in Possesion of this property from last 61Years. (8) One Attesting Witness of the Will Prakash Chand Died on 2nd March, 2015 and the Second Witness of the Will Paltu Singh died on 17th November,2019 . (9) Paltu Singh(Attesting Witness) of the Will has submitted his affadavit mentioned that the testator had Signatures the Will in the presence of both the attesting Witness and during that time the health of the testator was fine(sound). (10)My Grandfather(testator) died on 28th Februry,1995. (11) My father(defendant1) was on the bed for 4Years(suffered with Cancer) and died on 4th December,2022. (12) During Cross-Examination Plaintiff4 on behalf of all Plaintiffs accept that they not Challange the Will nor filed any Suit in the Court to cancil the Will they did not file any FIR in the Police against Will,but they may Challange the Will, but hope that court Suo Moto Cancil the Will. (14) Probate Suit is pending because one of Plaintiff is out of India and not receving the Summons. (15) Legal heirs of Defendant1 seen many times both the attesting Witness(Paltu Singh and Prakash Chand) visited to the testator. (16) Defendant1(Propounder) always told to the legal heir of the Defandant that the Will is Genune and Executed by the testator,One of the attesting witness Paltu Sing had already submited his affadavit in favour of Will. (17) legal heirs of the Defendant1 confirmed that his Grandfather(testator) was fit and fine always till 3Days before his death. (19) Both the Attesting Witness died(During Trial) but the Defendant submitted their death certificated in the Court very late after 10Years of their death. (20) Defendant1 never appeared in the Court as defendant1 was suffering with Cancer from last 4Years. (21) Plaintiff4 himself accept during Cross-Examinations that Defendant1 in Possession of the Property from day one, Plaintiff4 had come back in the Disputed property 7Years before the testator death also accept on behalf of all Plaintiffs that they never Challanged the Will nor filed any FIR against Will nor Filed any Suit in the Court to cancil the Will. (25) Plaintiff3 already left the Property 12Years before filing of Suit. (26) Plaintiff1 left the Property after 4Years of filing the Suit died in 2021. (27) Only Plaintiff4 is contesting the Suit on behalf of all Plaintiffs. (28) Legal heir of the Defendant1 did mistake in Cross-Examination and stated that (a) I do not know the documents I filed and I do not know the numbers of room in the property. (29) Argument Pending. Anticipated Result of the Partition Suit When Probate Suit is pending ?
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