Now 30Years Old Unregistered Will never challanged so far.

Plaintiffs filed a Partition Suit against Defendant1 and Defendant2 after 18Years of death of testator(Father of all Plaintiffs and all Defendants) in September 2013, Defendant1 filed a Declaration Suit based on an Unregistered Will in November 2013,Defendant2 had already left the Property before filing of Partition Suit 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 of filing Partition Suit Defendant1 filed Certified Copy of Unregistered Will alongwith an Affadavit one Attesting Witness(Paltu Singh) Verified Under Section 281 and Certified Copy of Probate Suit Verified by Petitioner Under Section 280 in 2019,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 were Unknown to the testator,After 1Years of filing of Certified Copy of Affadavit(Varification Under Section 281) of Attesting Witness of Will in Partition Suit,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) in2020,But Plaintiff4 on behalf of all plaintiffs could not Challange the Will in Partition Suit and also could not Challange the Will in Probate Suit In last 6Years(Since Probate Suit Filed) till 2025,Plaintiff4 on behalf of all Plaintiffs also could not provide any evidence to challange the Will after amendment in Partition Suit till 2025,Now legal heirs of the Defendant1 contesting the Suit. Facts:- (1) My Grandfather(testator) Executed his Will on 22nd August,1994. (2) Defendant1 filed a Declaration(Counter Claim) Suit in 2013 Based on Unregistered Will executed in 1994. (3) Plaintiff4 on behalf of all Plaintiffs Could not Challanged the Will in 19Years(Since Will Executed in 1994) till filing of Partition Suit(2013),Plaintiff4 also could not Challanged the Will till 7Years after filing Partition Suit till 2020,Plaintiff4 also Could not Challanged the Will till 5Years after amendment of Plaint till 2025 therefore Plaintiff4(All the Plaintiffs) Could not Challanged the Will in last 30Years since testator died on 28th February,1995 and till 2025. (4) Defendant1 filed a Probate Suit Verified by Petitioner Under Section 280 in October,2018 along With an Affadavit(Varification Under Section 281)of one Attesting Witness(Paltu Singh) Stating that Will was executed in presence of both attesting Witness on 22nd August,1994. (5) My Grandfather(testator) and my father(Defendant1) Jointly purchased this disputed Property 60Years ago in 1964 and both are in possession of disputed property from last 60Years till 2025. (9) My father(Defendant1) transfered his Part or Share in the Property to one of his Relative in 1971,and in 1983 that Part or Share of Property transfered or Purchased by my Grandfater(testator) but the Possession of that property remained with my father and my father never left his part of property possession to any one till 2025. (10) One Attesting Witness of the Will Prakash Chand Died on 2nd March, 2015 and the Second Attesting Witness of the Will Paltu Singh died on 17th November,2019 . (11) Paltu Singh(Attesting Witness) of the Will has submitted his affadavit(Varification Under Section 281) in Probate Suit Verified Under Section 280 by the Petitioner filed in 2018 mentioned that Signatures of the testator on the Will in the presence of both the attesting Witness and during that time the health of the testator was fine(sound). (14)My Grandfather(testator) died on 28th Februry,1995. (15) No Rebutal filed in Probate Suit till 2025. (16) During Cross-Examination Plaintiff4 stated that,(a) he do not know When the Property Purchased,when the house was contruted on that property because he was in boarding collage during that period,(b)Plaintiff4 Stated that testator had executed Aother Will,First stated that testator did not executed the Will then said that testator executed the Will but that was incomplete than said testator did not execute any Will legaly,then Plaintiff4 stated that he assumed this is the Will but this another Will was undated and unsigned by the testator and also not attested,(c) For this Unregister Will(Executed on 22nd August,1994) Plaintiff4 stated that he came to know about this Will in 2018 but Plaintiff4 did not Challange the Will(Executed in 1994) nor filed any Suit in the Court to cancil the Will till 2025, Plaintiff4 did not file any FIR in the Police against Will(Executed on 22nd August1994),Plaintiff4 stated in future he may Challange the Will(Executed on 22nd August,1994) on advise of his advocate. (d) Plaintiff4 also stated that testator died intestate. (e) Plaintiff4 himself stated that he had come back in this Property in 1988 from Guwhati(Assam). (f) Plaintiff4 also stated that he had requested to Defendant1 for Partition of property in 1979(When testator was alived). (g)In the Plaint Plainfiff4 wrote that the Defendant1 was Unemployeed and was dependent on the testator but in Cross-Examination Plaintiff4 stated that Defendant4 had his own business. (h)In Examination In Chief Plaintiff4 mentioned that there was a mutual agreement between all the Plaintiffs and Defendants and they had already distributed the property but when asked in Cross- Examination Plaintiff4 replied he do not know where is orignal copy of that mutual agreement was, Either it was with Defendant1 or with Defendant2. (17) Plaintiff4 accepted in Written Statement of Probate Suit that Will executed on 22nd August,1994 came to his knowledge first time on 08-01-2014. (18) Plaintiff4 never filied any application to Challange the Will in the Court(Neither in Partition Suit nor in Probate Suit). (19) Both the Attesting Witness died(During Trial),Legal heir of Defendant1 submitted their death certificates in the Court in December,2025 when legal heir of Defendant1 came to know that attesting witness died(One attesting witness died 10Years before filing of death Certificste another attesting witness died 6Years before filing of Death certificate). (20) Defendant1 never appeared in the Court. (23) Plaintiff4 himself accept during Cross-Examinations that Defendant1 is in Possession of the Property since the Property purchased(Since 1964), Plaintiff4 had came in the Disputed property after 25Years(In 1989) of its purchased(In 1964),Plaintiff4 also accepted that Plaintiff4(Plaintiffs) never Challanged the Will,never filed FIR against Will,never Filed any Suit in the Court to cancil the Will till 2025. (24) Plaintiff1,Plaintiff2, Plaintiff3 and Defendant1,Defendant2 never appeared in the Court. (25) Plaintiff1 filed Chief for Cross-Examination but could never appeared in the Court(Neither in Partition Suit nor in Probate Suit) at last Court closed the opportunity . (26) Plaintiff3 already left the Property 12Years(In 2000) before filing of Partition Suit. (27) Plaintiff1 left the Property after 4Years(In 2017) of filing the Partition Suit and also died in 2021. (28) Legal heir of the Defendant1 did mistake in Cross-Examination because Advocate of the Plaintiffs asked the Question very cleverly and Legal heir of Defendant stated that I do not know the documents I filed and I do not know the numbers of room in the property. (29) Plaintiff4 is also in a small part of Possession in the Property. (30) Probate Suit is pending,Plaintiff4 also requested to the court in 2018 to Stay Probate under section 10 of CPC till the Partion Suit decide as the Subject Matter of both the Cases are same. (36) Court had closed the Opportunity for Rebuttal in Partition Suit on 17-10-019 for the Plaintiffs, and thay never give any request for Rebuttal in Probate Suit . (37) Defendant1 mentioned in declaration Suit that Defendant1 helped his father(testator) when purchased the disputed property and his father(testator) given different Properties to all the Plaintiffs(Son and Daughters),but all the Plaintiffs denied that the testator had given them any Properties but during Cross-Examination Plaintiff4 replied that he do not know about it since Plaintiff4 was in boading college during that period. (39) Another Legal heir of Defendant1 is not well therefore he may not file Chief for Cross-Examination and hr may not appear in the Court for Cross-Examinations. (41) Arguments are still Pending. (42) I have filed an Affadavit that I(Leagal Heir of Defendant1) recognise the Signatures of my Grandfather(testator) and also, Question:- What points must raised during argument by the Legal Heir of Defendant1. Question:- Expected Judgement of Partition Suit based on following Judgements of Supreme Court :- (1) K.Laxmanan v. THEKKAYIL PADMINI(2009) 1SCC 354 (2) Pentakata Satyanarayana v. Pentakota Seetharatnam(2005) 8 SCC 67 Questions:- Stage of Probate Suit:- Trial still not started as a legal heir of Propunder what steps should I take ?